Nepalese Army Act, 2063 E · 9/28/2006 · Nepal Army for making the Nepal Army accountable to the...

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Army Act, 2063 (2006)

Date of Authentication and Publication

2063.6.12 (28 Sept. 2006)

Amendment,

Republic Strengthening and Some Nepal 2066.10.7

Laws Amendment Act, 2066 (2010)1 (21 Jan. 2010)

Act Number 7 of the Year 2063 (2006)

An Act to provide for the Amendment and Unification of the Laws

relating to Nepal Army

Preamble: Whereas, the sovereignty of Nepal is inherent in the people of Nepal

as the result of the historical peoples movement and the source of sovereign

authority is vested in the people of Nepal;

Whereas, it is expedient to amend and consolidate the prevailing laws

relating to the establishment, arrangement, control, use and mobilization of the

Nepal Army for making the Nepal Army accountable to the people of Nepal;

Now, therefore, be it enacted by the House of Representatives in the First

year of the issuance of the Declaration of the House of Representatives, 2063.

1 This Act came into force on 15 Jestha 2065, "Prasasti" and the word "Kingdom" has been deleted.



Chapter -1

Preliminary

1. Short title and commencement: (1) This Act shall be called the "Army

Act, 2063 (2006)".

(2) This Act shall come into force immediately.

2. Definitions: In this Act, unless the subject or context otherwise requires:

(a) "Nepal Army" means the collective organization of the persons

recruited in the Nepalese Army under this Act or any part thereof.

(b) "Force" means an organized form or group formed with a particular

objective by the Government of Nepal within the Nepal Army.

(c) "Engagement in military operation" means any of the following:

(1) Working as a part of or in affiliation with the Nepal Army

during engaged in an operation against an enemy,

(2) Engagement in an military operation in a territory or area

controlled by an enemy in whole or in part, or working as a

part of or affiliated with the Nepal Army moving towards

such territory or area,

(3) Engagement as a part of or affiliation with the Nepal Army

which is taken hostage by the Military of a foreign country, or

(4) Involvement in the maintenance of internal security as a part

of or affiliated with the Nepal Army engaged against any

individual or group who are conducting or are suspected or

conduct destructive or violent activities with or without arms.



(5) Declaration as "engagement in military operation" by the

Government of Nepal in accordance with Section 135.

(d) "Chief of the Army Staff" means the Chief of the army staff of the

Nepal Army appointed as referred to in Section 8.

(e) "Officer" means an officer of the Nepal Army above the rank of

Junior Commissioned Officer (Padik), and this term also includes

similar officers of the reserve force (Jageda Bal).

(f) "Junior Commissioned Officer" means Subedar-Major, Subedar and

Jamdar, and this term also includes similar rank of the reserve

forces.

(g) "Commanding Officer" means any of the following officers:

(1) the head of the Unit, Sub-unit, or

(2) the officer who commands the Tukadi of the Unit or Sub-unit

during the period of deployment respectively, or

(3) the Commanding Officer of any Corps (Chamu), Detachment

Department in respect to the person under Clause (b) of Sub-

section (1) of Section 3 who is affiliated therein,

(4) the officer who is nominated or designated by the officer who

commands the force in which the person is currently working

at the time when one has no involvement elsewhere in Sub-

clause (3).

(5) the officer who commands the concerned force if no officer

has been designated or nominated in accordance with Sub-

clause (4).

(h) "Non-commissioned Officer (Billadar)" means Corporal (Hudda),

Corporal (Amaldar), Lance Sergeant (Pyuth), and this term also



includes the person of similar rank of an organized force established

for a particular purpose.

(i) "Corps (Chamu)" means the separate Unit specified as a corps

within the Nepal Army.

(j) "Division (Pritana)" means a separate Unit specified as a "Division"


(k) "Brigade (Bahini)" means a separate Unit specified as a "brigade"


(l) "Battalion (Gan)" means a separate Unit specified as "Battalion"


(m) "Commander (Pati)" means the position from officer to non-

commissioned officer.

(n) "Immediate Senior officer" means the senior officer closet in rank,

and for this purpose this term also includes Junior Commissioned

Officer (Padik barg) and Non-commissioned Officer (Billadar).

(o) "Offence" means the act defined as offence pursuant to Chapter-7.

(p) "Enemy" means an armed mutineer, armed person who committed

treason, armed person involved in disorder or armed dacoit and any

armed person who is subject to action by a person to whom this Act

is applicable.

(q) "Court Martial" means the General Court Martial, Summary General

Court Martial, District Court Martial, `Summary Court Martial

pursuant to Section 67 and Special Court Martial pursuant to Section

119.

(r) "Committee" means Military Welfare Fund Operation and

Management Committee as referred to in Section 29.



(s) "Welfare acts" means acts of providing insurance, medical

treatment, health, scholarship, residence, operating canteens for the

welfare of incumbent (serving) and ex-military (retired) personnel

and their families, and this term also includes establishing schools

and universities and operating them.

(t) "Welfare planning" means income generating acts which support

welfare acts and this term also includes infrastructure and service

oriented projects, financial institutions and providing loans or

investing shares as prescribed in the industrial profession.

Provided that, such an investment shall not be made as a

promoter (Prabardhak).

(u) "Income generating acts" means acts of generating income for the

purpose of supporting the welfare acts by investing in an institution

after obtaining permission in accordance with prevailing law.

(v) "Chief of Military Police" shall means the Chief of Military Police

appointed pursuant to Section 78 and this term also includes a person

who exercise power, under his/her supervision, in accordance with

law on his/her behalf.

(w) "Judge Advocate General Department (Prad Viwak)" means the

person who is represents the Court Martial as the Judge Advocate

General pursuant to Section 81.

(x) "Other court" means other courts constituted in accordance with

prevailing laws except the Court Martial.

(y) "Departmental action" means the departmental action to be imposed

pursuant to Section 105.



(z) "Prison" means a prison in accordance with prevailing laws relating

prison and this term also includes a military prison pursuant to

Section 136.

(aa) "Order" means an order issued by an authorized officer pursuant to

this Act and Rules framed thereunder.

(bb) "Prescribed" or "as prescribed" means prescribed or as prescribed

pursuant to this Act and Rules framed thereunder.

3. Persons under the jurisdiction of this Act: (1) The following persons

shall be under the jurisdiction of this Act:

(a) Persons recruited in the Nepal Army under this Act;

(b) Other persons assigned for some acts, or persons in the

service of the Nepal Army staying in a camp or in a

march for military operation, or staying in an area

declared by the Government of Nepal as a military

operation zone; or civilian persons who assist the

works of Nepal Army,

(c) Persons selected for recruitment in the Nepal Army.

(2) A person pursuant to Clause (b) of Sub-section (1) shall be

considered to have been under the command of the commanding officer of

his/her department, formation or unit.

(3) If a person pursuant to Clause (b) of Sub-section (1) is not

engaged under the command of a commanding officer of any department,

formation or unit, he/she shall fall under the command of an officer who is

designated or nominated by the commanding officer of the force in which

he/she is currently engaged for the time being, or of a commanding officer

of the concerned force if such officer is not designated or nominated.



(4) The commanding officer shall not depute a person pursuant to

Clause (b) of Sub-section (1) under the command of a junior officer in a

circumstance where the senior officer is available.

(5) If the person pursuant to Clause (b) of Sub-section (1) commits

an offence outside the territory of Nepal, the jurisdiction of this Act shall

prevail.

(6) An offence committed by the person pursuant to Clause (b) of

Sub-section (1) against the citizen of a country in which he/she has been

deployed in a peacekeeping mission of the United Nations shall fall under

the jurisdiction of other courts.

Chapter-2

Establishment and Arrangement of Nepal Army

4. Establishment and arrangement of the Nepal Army: (1) The Nepal

Army shall be established for the protection and Defence of the

independence, sovereignty, territorial integrity and national unity of the

state of Nepal.

(2) The Nepal Army at the time of commencement of this Act shall

be deemed to have been established in accordance with this Act.

(3) The arrangement of the Nepal Army shall be regulated in

accordance with this Act and the Rules framed thereunder and other matters

shall be dealt with in accordance with the instructions issued by the

Government of Nepal.

5. 2...................

2 Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.



6. National Defence Council: (1) 3............

(2) 4...................

(3) In addition to the functions 5as referred to in the Interim

Constitution of Nepal, 2063 (2007), the functions, duties and powers of the

National Defence Council shall be as follows:

(a) To make policies, plans and programmes relating to 6mobilization, operation and use of the Nepal Army

and submit the same to the Government of Nepal,

(b) To submit recommendations relating to the number

and organizational structure of the Nepal Army,

(c) To make necessary advice to the Government of Nepal

relating to the management of the Nepal Army,

(d) To submit necessary advice to the Government of

Nepal relating to the management of arms, weapons

and other military equipment of the Nepal Army,

(e) To perform other acts as prescribed.

(4) The Secretary at the Ministry of Defence shall perform as the

Secretary of the National Defence Council. In his/her absence, an officer as

designated by the Prime Minister shall perform this function.

(5) There shall be a Secretariat within the Ministry of Defence to

carry out the acts and proceedings of the National Defence Council. Other

arrangements of the Secretariat shall be as prescribed.

3 Omitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 4 Omitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 5 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 6 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.



(6) The procedures of the meetings of the National Defence Council

shall be as determined by the National Defence Council itself.

7. Organizational Structure: (1) The composition of the Nepal Army shall

be inclusive and it shall have national characters.

(2) The Government of Nepal shall make necessary policies, plans

and programmes for the implementation of the provisions of Sub-section

(1).

(3) The organizational structure and number of positions in the

Nepalese Army shall be as determined by the Government of Nepal.

Provided that, there shall be only one position of General

(Maharathi) and the same General (Maharathi) shall be appointed for the

post of the Chief of Army Staff.

(4) In the organization of the Nepal Army there shall be a Chief of

Army Staff and other positions as referred to in Schedule-1.

Chapter-3

Appointment, Functions, Duties and Powers of

Chief of Army Staff

8. Chief of Army Staff: 7 (1) The President shall appoint Chief of Army

staff on the recommendation of the Council of Ministers. The President

shall provide him/her the insignia (Darjani Chinha).

(2) The Chief of Army Staff shall be the Chief of the Nepal Army.

(3) In a case of vacancy of the post of the Chief of Army Staff due to

leave or any reasons, the Senior Officer of the Nepalese Army as

7 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.



designated 8by the President on the recommendation of the Council of

Ministers shall be the Acting Chief of Army Staff and perform the duties of

the post.

9. Accountability to the Government of Nepal: (1) The Chief of Army

Staff shall be accountable to the Government of Nepal for the functions to

be carried out and duties to be performed by him/her.

(2) The Chief of Army Staff shall, before assuming the office, take

an oath of office in a format as referred to in Schedule-2 before the 9President.

10. Functions, duties and powers of the chief of Army Staff: (1) The

functions and duties of the Chief of Army Staff shall be to manage the

Nepal Army, subject to the directions of the Government of Nepal and

prevailing laws.

(2) The Chief of Army Staff shall submit an annual report relating to

the management of the Nepal Army to the Government of Nepal every year

within the month of Baishakh (Around April-May), and the Government of

Nepal shall present such annual report to the 10Legislature-Parliament and

the State Affairs Committee shall discuss on the report.

(3) Other functions, duties and powers of the Chief of the Army

Staff shall be as referred to in this Act and as prescribed in the Rules

framed thereunder.

11. Age bar and tenure of office: (1) The Chief of Army Staff shall hold

office until the age of Sixty One years.






(2) The term of office of the Chief of Army Staff shall be Three

years subject to the provision pursuant to Sub-section (1).

(3) Notwithstanding anything contained in Sub-section (2), 11the

President on the recommendation of the Council of Ministers may, if deems

necessary, remove the Chief of Army Staff before the completion of such

tenure. He or she shall be given an opportunity to defend him/herself, prior

to such removal.

(4) The Chief of Army Staff who is holding office at the time of

commencement of this Act shall continue his/her office subject to the

provision pursuant to Sub-section (2).

Chapte-4

Appointment and Terms and Conditions of Service

12. Appointment and fulfillment of vacancy: (1) A Recruitment

Committee presided by the Chairperson of the Public Service Commission

or a member of the Commission as designated by the Public Service

Commission to recommend the officer level vacant post; and including a

representative nominated by the Public Service Commission as a member

to recommend for the vacant posts lower than officer rank of the Nepal

Army, shall be formed as prescribed.

Provided that, no provision of this Section shall bar for taking

examinations other than those examinations under the supervision of a

representative nominated by the Chairperson of the Public Service

Commission after completion of written examination conducted by the

Committee as referred to in Sub-section (1).

11 Inserted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.



(2) Other functions, duties and powers of the Recruitment

Committee formed pursuant to Sub-section (2) shall be as prescribed.

(3) Other arrangements regarding the recruitment shall be as

prescribed.

(4) The qualifications required for the appointment to different posts

(rank) of the Nepal Army shall be as prescribed.

13. Ineligibility (Disqualifications): (1) The following persons shall be

deemed ineligible for appointment to the posts of the Nepal Army:

(a) Who is not a citizen of Nepal,

(b) Who is convicted by a court of a criminal offence

involving moral turpitude,

(c) Who is removed from the service for being

disqualified for government service in the future,

(d) Who is convicted in an offence of violating human

rights,

(e) Who does not have the qualifications as referred to in

Sub-section (4) of Section 12.

(2) Nothing contained in Clause (a) of Sub-section (1) shall be

deemed to have prevented the Government of Nepal from receiving

technical and expert services from non-Nepalese citizens for a short term.

14. Appointing Authority: Government of Nepal shall, on the

recommendation of the Recruitment Committee pursuant to Section 12,

appoint in the Officer level ranks and the prescribed official shall appoint in

other levels.



15. Commission: The Minister for Defence shall, subject to the provisions of

this Act and the Rules framed thereunder, Commission the qualified officer

of the Nepal Army.

16. Oath: A person appointed to a post of the Nepal Army shall take an oath as

referred to in Schedule-2.

17. Tenure of office: (1) Except otherwise provided in Section 11, the age bar

of officers of the Nepal Army shall be as referred to in Schedule-3.

(2) The tenure of office of the officers of the Nepal Army shall be as

referred to in Schedule-4 subject to the provision of Sub-section (1).

(3) Notwithstanding anything contained in Sub-section (2), the

Government of Nepal may extend the tenure of office of the officers as

referred to in Schedule-5, on the recommendation of the Chief of Army

Staff, for being his/her service necessary along with the reasonable grounds

and reasons that an officer is physically capable (fit) even after contributing

a long service to the Nepal Army.

18. Removing from the service and demotion from the rank: (1)

Government of Nepal may remove or dismiss a person serving in the Nepal

Army from the service.

(2) The Commander-in-Chief may demote to a lower grade or rank

or remove from the service to a person serving in Nepal Army other than an

officer.

(3) The Commander of Corps (Chamu), Division (Pritana) or

Brigade (Bahini) or a commander of an equivalent rank or an officer vested

with equivalent authority may remove from service and demote to a lower

rank to a person under his/her command except to an officer or junior

commissioned officer.



(4) The commanding officer of a Unit or Sub-unit may remove from

service or demote to the lower rank to a Sergeant (Hudda) and other

personnel of lower rank who are under his/her command.

(5) The powers conferred by this Section shall be exercised subject

to this Act or the Rules framed thereunder.

(6) While taking action in accordance with this Section, an

opportunity shall be provided for the defense.

(7) The commanding officer shall provide a certificate which

includes the details as prescribed, if a person who falls under the

jurisdiction of this Act and is removed or is to be removed from the service.

19. Restriction on establishing and operating organization or

association: (1) A person who falls under the jurisdiction of this Act shall

not do the following acts:

(a) To establish, operate, accept membership or assist to a

union, association or organization, or participate in a

programme organized by such union, association or

organization.

(b) To participate or deliver speech to any assembly or to

participate in any demonstration organized by any

person or groups for a political or other similar

purpose.

(c) To publish a leaflet, pamphlet or similar documents.

(2) Notwithstanding anything contained in Clause (a) of Sub-section

(1), nothing shall be deemed to prevent a person who falls under the

jurisdiction of this Act from assisting a religious, social, cultural and

entertainment union, association or organization or participating in a



programme of such union, association or organization upon receiving an

approval of the Government of Nepal and subject to the provision of this

Act.

20. Training and Induction: (1) A person to be included in the organization

of the Nepal Army shall be provided trainings and inductions on topics

including military education, ethics, physical exercise, human rights and

international humanitarian law.

(2) The arrangements of trainings and inductions pursuant to Sub-

section (1) shall be as prescribed.

21. Promotion, leave and other terms and conditions of services: The

appointment, promotion, leave and other terms and conditions of service

and facilities of the Nepal Army shall be as prescribed.

Chapter-5

Privileges and Immunities

22. Protecting the acts performed during the discharge of duties: If,

someone suffers death or loss while a person under the jurisdiction of this

Act is committing an act in the course of discharging his/her duties in good

faith, no case shall be filed against such person in any court.

Provided that, any of the offences as referred to in Sections 62 and

66 shall not be deemed to be an offence committed in the course of

discharging duties in food faith.

Explanation: For the purposes of this Section, "committing any act,

in the course of discharging duties", means an act committed during the

performance of duties and it includes any action taken for internal security

or self-defence, including flag march, patrolling and sentry (Chapate) duty.



23. Immunity from arrest: (1) The chairperson or member of Court Martial

or Judge Advocate General Department or a person related to the

proceeding to the Court Martial, legal counsel, attorney (waris) or witness

attending in accordance with the summons issued by the Court Martial,

shall not be arrested on the order of any court or quasi-judicial authority at

the time of entering into or returning from the Court Marital.

(2) If the information of arrest is received pursuant to Sub-section

(1), the Court Martial may request the concerned authority to release such

person immediately.

(3) If, a person under the jurisdiction of this Act engaged in military

proceedings, shall not be detained as per the judgment, decision or order of

any court or Quasi-judicial Authority, for a loan to be paid by him/her.

(4) If an information of arrest, who is not to be arrested pursuant to

Sub-section (1), is received the Court or Quasi-judicial Authority it shall

release such person immediately.

24. Not to Freeze or forfeit: Except the Court Martial, no arms, clothes,

military supplies, animal, vehicle and goods including salary, allowance of

a person under the jurisdiction of this Act, used in the course of discharging

the duties shall be freezed or forfeited, in full or partial, by the decision,

verdict or order of any other Court or Quasi-judicial Authority.

25. Immunity and privilege of the reserve force: A person belonging to

the reserve force shall have all the privileges and facilities as referred to in

Sub-section (3) of Section 23 and 24 while coming into and returning from

training or service when called by the Government of Nepal or serving in

the job.

26. Priority in the cases: (1) If a case has been registered in a any court or

office in which a person serving in the Nepal Army is a party, and he/she is



present to the court or office with the approval of his/her leave by the

concerned authority and if he/she submits an application to the court or

office requesting disposal of case before the end of his/her leave attaching

the leave approval letter and details of a case, the concerned court or office

shall list it in a priority hearing and order to finalize it before the end of

his/her leave.

(2) No fee shall be required for the application to be submitted as

referred to in Sub-section (1).

(3) If the disposal of a case cannot be made before the end of his/her

leave, the court or office shall inform the same.

(4) If a question is raised about a leave approving authority, the

decision of the Division Commander (Pritanapti) or Brigadie Commander

(Bahinipati) or officer of the same rank shall be final.

27. Complaint regarding any sufferings or injustice: (1) If an officer

under the jurisdiction of this Act is caused injustice on any matter by the

commanding officer or any senior officer, he/she may complain against

such grievance to his/her commanding officer.

(2) If a person is not satisfied with the decision made by the

commanding officer or Commander (Pati) to the complaint pursuant to

Sub-section (1), he/she may file an application to the Chief of Army Staff.

(3) A person below the rank of officer may file such a complaint to

the concerned Commander (Pati).

(4) If a complaint as referred to in Sub-section (3) is not heard by the

Commander (Pati), a complaint may be filed to the commanding officer

and if it is also not heard by the commanding officer or one is not satisfied

with such decision, a complaint may be filed to the superior officer than the

commanding officer; and if such complaint received, the commanding



officer shall provide a receipt thereof to the complainant and forward it to

the senior level. If the commanding officer fails to forward such complaint

to the senior level, he/she shall be liable for a disciplinary action.

(5) If a complaint is received pursuant to Sub-sections (1) and (4),

the complaint hearing authority shall examine the complaint and resolve the

problem, and shall forward the complaint to the superior level if so

required.

(6) If a complaint has to be filed against a person who hears a

complaint, it shall be filed to the officer superior to such officer.

(7) The decision made by the Chief of Army Staff on a complaint as

referred to in this Section shall be final.

(8) The procedures for the hearing shall be as prescribed.

(9) The Government of Nepal, if it deems reasonable, may review

the decision made pursuant to this Section.

28. No effect on facilities entitled in accordance with existing laws:

The facilities to be received as referred to in this Chapter shall not be

affected by other facilities received pursuant to the prevailing laws.

Chapter-6

Army Welfare Fund

29. Establishment and operation of welfare fund: (1) A welfare fund

may be established for the welfare of incumbent and ex-personnel of the

Nepal Army and their families.

(2) The following amounts shall be credited to the Fund as referred

to in Sub-section (1):



(a) The amounts deducted in the prescribed percentage

from the fund received for rendering service by the

Nepal Army while deployed in peace keeping missions

in any part of the world on the request of the United

Nations Organizations,

(b) The amounts saved from meeting the cost of welfare

activities which are conducted from the interest of the

fund deposited in various Banks and financial

institutions,

(c) The income amounts received from the investment on

welfare activities as prescribed.

(d) The amounts deposited as the principal amount in

various banks and financial institution from Aashad

2032 B.S. to the date of commencement of this Act

and the interest received from those amounts.

(e) The movable and immovable property of the

institutions prescribed by the Army Headquarters and

amounts increased therefrom.

(f) The movable and immovable property being used by

the Nepal Army and amounts increased therefrom.

(3) There shall be a Seven member Army Welfare Fund Operation

and Management Committee as following, to operate the welfare fund

pursuant to Sub-section (1) comprising:-

(a) Chief of Army Staff Chairperson

(b) Two persons nominated by the Patron

from amongst the serving and ex- Member



military officers

(c) Two persons nominated by the Chief of

Army Staff from amongst the serving

and ex-military officers Member

(d) Representative from the Ministry of

Finance (gazetted first class officer) Member

(e) Representative from the Ministry of

Defence (gazetted first class officer) Member

(4) There shall be a Welfare Planning Directorate in the Army

Headquarters to assist the daily functions of the Committee. The functions,

duties and powers of the Directorate shall be as prescribed.

(5) The amount as accumulated in the Fund pursuant to Sub-section

(2) shall be expended for the welfare of serving and ex-personnel of the

Nepal Army and their families.

Explanation: For the purpose of this Section "family" means

husband or wife, son, daughter and mother and father; as well as mother-in-

law and father-in-law in the case of female employees; whom the retired or

incumbent employee of the Nepal Army is responsible for taking care,

30. Patron of the welfare fund: The Prime Minister shall be the patron and

the Minister of Defence shall be the joint patron of the fund.

31. Functions, duties and powers of the Committee: The functions,

duties and powers of the Committee shall be as follows:

(a) To formulate, implement, coordinate and monitor on welfare

activities, income generating activities as prescribed and

welfare planning,



(b) To carry out welfare activities as required to the family of the

Army personnel who were killed or seriously injured

(Angabhanga) at the time engaging in the military activities,

(c) To reduce, increase or remove facilities and concessions under

the welfare acts,

(d) To formulate and implement the procedures and guidelines

relating to the welfare activities, income generating activities

and welfare planning as required,

(e) To carry out welfare activities on the land and physical

infrastructures of the Nepal Army upon entering into the

agreement with the Army Headquarters,

(f) To form administrative, financial and technical unit for welfare

activities, income generating activities and welfare planning, to

appoint necessary human resource for such unit and prescribe

their terms of service and remuneration as per necessity,

(g) To appoint experts for the effective implementation of the

welfare activities, income generating activities and welfare

planning, and prescribe the terms of service and remuneration,

(h) To depute military personnel as per necessity for the security

where welfare activities, income generating activities and

welfare planning are launched,

(i) To receive, purchase, rent, use and sell movable and immovable

property subject to this Act,

(j) To carry out other functions as prescribed.



32. Account of fund and audit: (1) An account of daily income and

expenditure of the fund shall be maintained in accordance with prevailing

law and the internal audit of the fund shall be made as prescribed by the

committee.

(2) The final audit of the fund shall be made by the office of the

Auditor General.

33. Submission of annual report: The Committee shall submit a report

including income, expenditure and progress details to the patron, and

provide a copy of it to the State Affairs Committee of the legislature every

year.

34. Delegation of powers: The Committee may delegate some of its powers

conferred on it pursuant to this Chapter to the Welfare Planning Directorate

as per necessity.

35. Situations for depriving from facilities and concessions: (1) In the

following circumstances the serving and ex-military personnel and their

families may be deprived fully or partially of their entitlement to facilities

and concessions relating to programmes conducted under the welfare

activities:

(a) If acts detrimental to the Nepal Army are proved to

have been committed,

(b) If acts contrary to the Constitution and this Act is

proved to have been committed,

(c) If the misuse of facilities and concessions entitled in

pursuant to this Chapter is proved to have been

committed,

(d) If a penalty is imposed on an offence against state.



(2) Notwithstanding anything contained in Sub-section (1), only the

serving or ex-military personnel or their family member who has

committed an act referred to in 12Sub-section (1) shall be deprived of the

entitlement of facilities and concessions relating to programmes conducted

under the welfare activities.

36. Other arrangements: Other arrangements regarding the use, operation

and management of the Army Welfare Fund shall be as prescribed.

Chapter-7

Offences

37. To be deemed to have committed an offence: If a person under the

jurisdiction of this Act commits any of the acts as referred to in Sections

38 to 65, it shall be considered to have committed an offence in accordance

with this Act.

38. Enemy related offences: To commit any of the following acts shall be

deemed as an enemy related offence:

(a) To abandon the garrison, fort, post or a place assigned for guard

entrusted for securing or to handover (give up) the same

cowardly to the enemy or to inspire or compel to any

commanding officer or other person to do so,

(b) To give up arms, ammunitions or equipment before the enemy

shamelessly, or behave in a way that reflects a cowardly

behaviour,




(c) To propagate propaganda with a view to undermining the

morale or terrorizing the garrison, camp or platoon during a war

or military operation,

(d) To exchange any correspondence or confidential information

traitorously with any other person or enemy raising arms

against Nepal, or in committing any other such act,

(e) To help, directly or indirectly, the enemy by supplying arms,

ammunition, explosives, cash, equipment or any other goods, or

(f) To act to undermine the Nepal Army or any of its force or wing,

(g) To raise a cease-fire flag before the enemy upon acting in a

treacherous or cowardly manner,

(h) To knowingly work together with a detained enemy or provide

assistance to an enemy,

(i) To provide shelter or protect any enemy who is not a prisoner of

war,

(j) To sleep or consume narcotic or alcoholic substance at the post or on

the sentry duty during the time of a war or terror,

(k) To knowingly compel or inspire any person under the jurisdiction of

this Act with an intention not to take action against the enemy or to

cause any obstruction or to discourage,

(l) To desert without approving the leave from the leaving his

commanding officer or to leave post, guard, picket, patrol or part at

the time when military an operation is underway without being duly

replaced or leave sanctioned.



39. Mutiny: To commit any of the following acts shall be deemed to be

mutiny offence:

(a) To be involved in the mutiny,

(b) To stage or make arrangements for staging a mutiny together

with a person belonging to the Nepal Army or with any other

force assisting it, or instigate others or conspire for the same,

(c) Not to attempt to, as far as possible, stop a mutiny when one is

present at the place of a mutiny,

(d) To fail to report to the commanding officer or any other superior

officer who has the knowledge regarding the intention of the mutiny

or where there is appropriate reason to believe that someone is

intending or conspiring to stage the mutiny,

(e) To deviate oneself or any other person from patriotism and duty, or

to cause to incite or to cause any other person to deviate from

patriotism or duty.

40. Enemy-related other offences: The commission of any of the following

acts shall be deemed to be an enemy related offence:

(a) To become a prisoner of an enemy failing to remain alert with due

care in advance or failing to obey the orders or due to being

negligent to the duties; or not to get back even though there were a

possibility to get back after being the prisoner of the enemy,

(b) To engage oneself in correspondence or exchange intelligence in any

manner with the enemy without an appropriate authority, or not to

knowingly report immediately to a commanding officer or other

superior officer the information in relation to such activities, or

(c) To raise a cease-fire flag without an appropriate authority.



41. Offences against military operation: To commit any of the following

acts shall be deemed to be an offence against military operation:

(a) To forcefully act against a security guard or sentry, or causing them

to do so,

(b) To enter into a building (house) or place with the intention of

looting,

(c) To sleep or use narcotic or alcoholic substance while on duty at the

post as a sentry,

(d) To leave (give up) guard, picket, patrol or post without the

permission of a superior officer,

(e) To intentionally or negligently give signals or information to cause

terror in the camp, garrison or quarters, or to spread unnecessary

discouraging or terrorizing propaganda therein,

(f) To divulge any information about watch words and countersigns to

any unauthorized person, or knowingly provide false or different

parole or signals to an authorized person.

42. Desertion-related offences: (1) To commit of any of the following acts

shall be deemed to be an offence desertion:

(a) To desert from service after an order of military

operation or after the start of such an operation,

(b) To desert from service except for the conditions as

referred to in Clause (a),

(c) To knowingly provide shelter to any person under the

jurisdiction of this Act who is deserting the service,



(d) To knowingly provide benefit, help or assistance to a

deserter,

(e) To fail to immediately inform a superior officer or any

higher ranking officer who has knowledge of any

person under the jurisdiction of this Act is deserting or

about to desert the service, or not to arrest him/her

even so authorized,

(f) Not to diligently search for and arrest a deserter,

(g) Not to take necessary action despite the knowledge of

desertion,

(h) To desert from the barracks, camp, or quarter.

(2) If a person who has been confirmed absent without leave does

not report himself/herself or not found, he or she shall be considered to be a

deserter.

43. Offence of allowing someone in custody to escape: Releasing an

individual in custody without proper authority or without reasonable

grounds for release while on guard, picket, patrol, command of post or

during duty; or not taking a prisoner to be taken into custody or not taking

one's turn at duty shall be considered an offence of allowing someone in

custody to escape.

44. Offence relating to assault or intimidation: To commit any of the

following acts shall be deemed an offence of assault or intimidation:

(a) To threat a superior officer,

(b) To assault or use criminal force against a superior officer,

(c) Not to respect the dignity of a superior officer by speaking in an

undermining way or treat him/her in a degrading manner.



45. Defiance related offence: The commission of any of the following acts shall

be deemed a defiance related offence:

(a) To knowingly defy a legal order issued through oral (verbal),

written, signal or any other manner by an authority or an officer

under the jurisdiction of this Act or by a superior officer during the

official work;

(b) To show negligence to obey the general, local or any other type of

order issued by a superior officer.

46. Offences related to loss or damage to property: To commit any of the

following acts shall be deemed an offence of loss or damage of property:

(a) To cause loss or damage to the property as referred to in Clause (a)

of Section 41 or the property of a military institution or any person

under the jurisdiction of this Act, or any person working for the

Nepal Army or of any other person involved in the Nepal Army,

(b) To set fire or cause loss or damage to government property,

(c) To mistreat, cause injury, kill, take away or loss any animal which is

in his/her custody.

47. Offences relating to forgery or falsifying particulars: To commit any

of the following acts shall be deemed an offence of forgery or falsifying

particulars:

(a) If a person whose duty is to confirm the authenticity of a report,

account, description, certificate or any other document prepared or

signed by an authorized person examines it fraudulently, or certifies

a false content of such document to submit as a true one with an

intention of deceit or becomes accomplice in such an act,



(b) If, in the course of certifying a document as referred to in Clause (a),

someone does not write knowingly the matter to be written to deceit

someone else or becomes an accomplice to such act,

(c) If someone knowingly distorts, conceals, takes away or leaves blank,

with an intention of causing loss or deceit to someone else, any

document for which one has the responsibility to protect or must

submit when required,

(d) If someone knowingly makes any false declaration who has a duty to

keep such an information,

(e) If someone having knowledge about or having reasonable grounds to

believe on the fact that there are false particulars on any statement,

document or record, writes or causes to write false particulars of

one's own or somebody else on memoranda or statements which

allows for the receipt of pension, allowances, other facilities, or

special provisions.

48. Offence related to obstruction or use of criminal force: To commit

any of the following acts shall be deemed to be an offence of opposition and

obstruction or use of criminal force:

(a) To disobey the order concerning one's arrest even when given by a

lower ranking officer, in the case of being involved in any quarrel,

riot or disturbance; or to attack such an officer who gave order of

such arrest, or to use criminal force against a high ranking officer,

(b) To use force or attack a person who has been placed in one's custody

pursuant to the law, irrespective of whether this Act is applicable to

that person or not, or whether that person is a higher ranking officer

or not;



(c) To oppose or obstruct the person or escort whose duty is to arrest or

take one into custody,

(d) To obstruct the Chief of the Military Police, or his/her authorized

representative while engaged in the legal discharge of duties, or not

to extend cooperation, when requested, in the discharge of his/her

duty,

(e) To use criminal force or assault any person who supplies goods or

rations to the Nepal Army.

49. Offence against property: The commission of any of the following acts

shall be deemed an offence relating to property:

(a) To use the public or governmental property, mess or band of Nepal

Army in private interest or use the property of any army or of any

person under the jurisdiction of this Act with mala fide intent or

misappropriating it or stealing or taking them in possession

fraudulently and with male fide intent,

(b) To fraudulently receive or keep such property knowingly or having

reasonable grounds to believe that it is related with the commission

of crime as referred to in Clause (a).

(c) To damage or cause loss to governmental property under one's own

custody.

50. Offences regarding cheating or coercion: To commit any of the

following acts shall be deemed to be an offence of cheating and coercion:

(a) To commit any act with an intent of cheating, causing undue benefit

or a loss to any other person,

(b) To obtain forcibly or under coercion cash or goods of any other

person or force someone in to labour without authority.



51. Offences of desertion with arms and other things or their misuse:

The commission of any of the following acts shall be deemed an offence of

desertion with arms and other things or their misuse:-

(a) To escape along with arms and ammunition, supplies, equipment,

tools, clothes or any other governmental property obtained by

oneself or put into custody or become an accomplice in such escape;

(b) To lose any property as referred to in Clause (a);

(c) To deface, destroy sell or mortgage any medal or decoration granted

to him/her.

52. Offence against discipline and code of conduct: To commit of any of

the following acts shall be deemed an offence against discipline and code of

conduct:

(a) To consume drugs;

(b) To behave in a hostile or unpredictable manner, demonstrate

reprehensible character or behave in a cruel manner;

(c) To create one's own physical weakness or disease;

(d) To pretend to be suffering from any disease or weakness, while

being healthy; or to deliberately prolong or increase the severity of

disease or not to allow healing;

(e) To cause injury to oneself or to any other person with an intention of

causing disqualification for the service;

(f) To mistreat by using criminal force by an officer, junior

commanding officer or non-commanding officer to a person under

the jurisdiction of this Act while stating that one is of a lower rank;

(g) Not to complete any act that maintains order or military discipline or

to commit any act against order or military discipline;



(h) To use alcoholic substances;

(i) Not to behave in a manner suitable to the post;

(j) To establish or operate an association or organization in

contravention to Section 19 or in taking part in such activities;

(k) To use any army personnel on any acts other than acts regarding the

discharge of duties in accordance with this Act or Rules framed

hereunder.

53. Offences related to certification of incomplete document: To commit

any of the following acts shall be deemed to be an offence of certification of

incomplete document:

(a) To certify in a blank space to deceive anybody else by a person who

has a duty to prepare or certify a document relating to salary,

weapon, cartridge, goods, equipment, cloths, food items;

miscellaneous goods and stores, or record of government property.

(b) To refuse to prepare or send a report or details or not to prepare or

send with negligence by a person who has a duty to do the same.

54. Offence related to false statements or details: If a person under the

jurisdiction of this Act, after taking oath before the Military Court, records

false statements or details; or if there is no ground to believe that such

statement or detail given or believed to be false are true; shall be considered

an offence related to false statements or details.

55. Offence of taking appointment by means of lying: To commit any of

the following acts shall be deemed to be an offence of taking appointment by

means of lying:

(a) To take appointment in his/her usual Corps (Chamu) or Department

or any other Corps (Chamu) or Department without fulfilling the



conditions needed for one's recruitment or without being duly

relived of one's duty from one's Corps or Department,

(b) To be involved in the act of recruiting any person in any wing of the

Nepal army while knowing that there are circumstances in which the

person is suspected of having committed a crime under this Act or

there are grounds to believe that such circumstance exist,

(c) If it is proved that one has intentionally provided false information

on the application for recruitment,

(d) To submit fake or false certificate for recruitment, promotion,

training or any other purpose of the service.

56. Offence of escaping from custody: Escaping from custody while being

in legal custody shall be deemed committing an offence escaping from

custody.

57. Offences of false allegation: To commit any of the following acts shall be

deemed to be an offences of false allegation:

(a) To make a false allegation knowingly against any person to whom

this Act is applicable or having sufficient reason to believe that the

charge was false; or

(b) To lodge a complaint or give false statement pursuant to Section 27

knowingly or having sufficient reason to believe that the statement is

false, in a manner that could damage the character of a person whom

this Act is applicable or to conceal the actual facts related thereto

which are in his/her knowledge.

58. Offences of absence without leave: To commit any of the following acts

shall be deemed to be an offence of absence without leave:

(a) To be absent without approving a leave,



(b) To remain absent beyond the period of leave without sufficient

reason,

(c) To fail, without sufficient reason, to join his/her formation, unit or

any organ thereof immediately upon receiving a notice from an

appropriate authority about the order issued for his/her formation or

unit or any organ thereof to take military actions,

(d) To remain absent from the place fixed for his/her duty or physical

exercise (Byayam) or from the parade in the given time,

(e) To leaving the parade or march line without the permission of

his/her superior authority or without sufficient cause,

(f) To remain present at any fixed place outside or restricted place as

prescribed through any orders of general, local or other nature, or at

any prohibited place, at a time of being stationed in a camp, garrison

or any other place, without obtaining a pass or a written permission

from his/her immediate superior officer,

(g) To remain absent at any school (Training Institute) at a time when an

order has been issued to attend school, without obtaining leave from

an immediate superior officer or without appropriate reasons thereof.

59. Offences related to court martial: To commit of any of the following

acts shall be deemed to be an offence related to Court Martial:

(a) Not to be appeared before the court martial as an witness without

any appropriate reasons even a legal summons or order has been

issued,

(b) To refuse to take an oath before court martial ,

(c) To refuse to abide by an order to submit or handover any document

in one's custody to the court martial,



(d) To refuse to answer a question asked in accordance with law as an

witness,

(e) To show disrespect or commit contempt of the court martial by

causing hindrance or obstruction or speaking threatening

sentence therein,

(f) To ignore the execution of the decision or order of court

martial.

60. Offence of freezing salary illegally: A person, who is responsible for

paying salaries, if refuses to pay or freezes illegally the salary of any

person to whom this Act is applicable, instead of paying in due time,

it shall be deemed to have committed an offence of freezing salary

illegally.

61. Offence related to irregular (illegal) arrest or detention: To commit

any of the following acts shall be deemed to be an offence related to

irregular (illegal) arrest or detention:

(a) To arrest or hold a person in to detention without producing

him/her before the concerned officer for investigation or to

delay investigation without any reason,

(b) Not to produce a person along with appropriate reasons to keep

a person into custody immediately or as soon as possible or

within Twenty Four Hours at any cost before the officer who

has the authority to keep a person into military custody or of the

Judge-advocate General, without any reasonable cause.

62. Special provisions relating to offences of corruption, theft, torture

and disappearance: (1) To commit any acts which are defined as an



offence of corruption, theft, torture and disappearance by prevailing law

shall be deemed to have been committed the offence of corruption, theft,

torture and disappearance.

(2) There shall be a committee comprising of the following persons

to conduct an investigation and inquiry into the offences provided in Sub-

section (1):

(a) Deputy Attorney General as designated

by the Government of Nepal Chairperson

(b) Chief of legal section of the Ministry of

Defence Member

(c) Representative of Judge Advocate

General Department not below the rank

of Major (Senani) Member.

(3) The representative referred to in Clause (c) of Sub-section (2)

shall be a person who is not concerned with to the Court Martial of the

concerned case.

(4) The original jurisdiction to hear and dispose of the case as

referred to in Sub-section (1) shall be on the Special Court Martial formed

pursuant to Sub-section (1) of Section 119.

(5) The committee formed pursuant to Sub-section (2) shall have the

power equivalent to the power conferred on by prevailing laws to an

investigating and inquiry officer in respect to those cases.

63. Miscellaneous Offences: (1) To commit any of the following acts shall be

deemed miscellaneous offences:

(a) To misbehave, beat or trouble by any other means by a

person in command of any post or march to a person in



his/her command; or commit hooliganism in a public

place; or trespass; or not submit a petition made for

compensation before the concerned authority for

having caused damage by trespassing; or not to cause

to provide compensation,

(b) to disturb the sacredness of a religious place or

knowingly disrespect the religion of any other person

by any other means or to cause disrespect to religious

sentiments,

(c) To carry arms or ammunitions by a soldier below the

rank of junior commissioned officer (Jamdar),

weapons or explosives when not on duty, without the

order of the concerned authority around the camp or

cantonment or when going to the city or market or

return therefrom;

(d) To receive or accept to receive, bribe or any other

benefit for causing recruitment or promotion to any

person, directly or indirectly, into the Nepal Army or

in approving leave or for giving the impression of any

other benefit,

(e) To cause any loss or damage to the body or property of

any citizen or inhabitant of the country where he/she is

serving.

(2) Except otherwise provided in Sub-section (1), to commit any

prohibited act other than the offence those referred to in this Chapter by a

non-commissioned officer or any lower ranking soldier during military

operations, it shall be considered a miscellaneous offence.



64. Attempt: To attempt to commit an offence as referred to in this Chapter or

any act for such purpose shall be deemed an attempt to commit such an

offence.

65. Inducement: To induce to commit any offence as referred to in this

Chapter shall be deemed an inducement to commit such an offence.

66. Offences under other Laws: (1) In a case a person under the jurisdiction

of this Act commits any offence as referred to in Sections 38 to 65 and

except in a that condition such an offence is committed by any military

personnel against any other military personnel, if the person under the

purview of this Act commits any of the following offences such a lawsuit

shall fall under the jurisdiction of other courts:

(a) Homicide,

(b) Rape.

(2) If the agency or investigating officer conducting an investigation

and inquiry issues an order to handover the accused (alleged person)

involved in the offence as referred to in Sub-section (1), the commanding

officer or Commander (Pati) or concerned officer shall hand him/her to the

agency or officer issuing such order. The retirement or desertion of a person

shall not bar to conduct an investigation and take action in accordance with

law.

(3) The person who comes under the jurisdiction of this Act is being

investigated fallings under the jurisdiction of other court shall ipso facto be

suspended during the period of his/her custody and until the final decision

if a case so lodged.

(4) Even if an investigation into an offence under the jurisdiction of

other courts is started in respect to a person under the jurisdiction of this

Act, nothing in this Section shall be a bar to form a court of inquiry and



conduct an investigation and take necessary action on the offence that falls

under this Act.

Chapter-8

Formation and Jurisdiction of Court Martial

67. Formation of Court Martial: (1) For the purpose of the trial and

disposal of a case related to the offence as referred to in Chapter-7, the

court martial shall be formed as following:

(a) The General Court Martial consisting Five officers as

One General (Rathibrinda), Two Colonel Mahasenani)

or Lieutenant Colonel (Pramukh Senani) and Two

Majors (Senani).

(b) The Summary General Court Martial comprised of

Three officers including at least Two officers of the

rank of Major (Senani).

(c) The District Court Martial comprised of Three officers

as officers completed Three years of the term of

Commissioner.

(d) The Summary Court Martial comprised of One officer

who commands the Department, Formation or Unit of

the Nepal Army.

(2) There shall be at least One officer who is a law graduate to the

extent available, in the Court Martial as referred to Clause (a) and (b).

(3) For the purpose of assisting the proceeding of the Summary

Court Martial, there shall be Two Officers or Two Junior Commissioned

Officers (Padik) or One from each rank.



(4) The Court Martial shall not proceed with or hear the case if the

Court Martial, lacks the number of persons therein as referred to in Sub-

section (1).

68. Jurisdiction of Court Martial: The jurisdiction of the Court Martial

shall, except on the cases as referred to in Sections 62 and 66, be as

following:

(a) The power of trial, hearing and adjudicating and imposing penalty

upon disposal of a case of an offence committed by a person under

the jurisdiction of this Act shall be with the General Court Martial

and Summary General Court Martial.

(b) The power of trial, hearing, adjudication and imposing penalty upon

disposal of a case of an offence, in which maximum Two years'

imprisonment may be imposed, committed by a person under the

jurisdiction of this Act except a person of the rank of officer or

Junior Commissioned Officer shall be with the District Court

Martial.

(c) Subject to the provisions mentioned in the following Sub-clauses,

the power of trial, hearing, adjudication and imposing penalty upon

disposal of a case of an offence, committed by the person under the

jurisdiction of this Act except a person of the rank of officer or

Junior Commissioned Officer shall be with the Summary Court

Martial.

(i) A case for which One year imprisonment may be imposed, if

the Court Martial is convened by the officer of the rank of

Lieutenant Colonel (Pramukh Senani) or senior to him/her,



(ii) A case in which Six months imprisonment may be imposed, if

the Court Martial is convened by an officer of the rank below

Lieutenant Colonel (Pramukh Senani).

69. Decision to proceed a case in Court Martial or other court: (1) If

there is a dispute regarding the filing of a case under the jurisdiction of this

Act whether with the Court Martial or other Courts, it shall be filed with

other courts.

(2) If a case is to be filed to another court, the accused shall be

suspended from service and handed over to court where the case has been

registered.

70. Save from double jeopardy: Any person under the jurisdiction of this

Act, after being subjected to trial, hearing and adjudication of an offence as

referred in from Section 38 to Section 65 of this Act by the Court Martial or

other court, or after being subjected to departmental action, shall not be

subjected an action again for the same offence.

71. Limitation to file a case: (1) Except those offences as referred to in

Sections 39, 42, 46, 49, 55, 56, and 62, no case shall be filed before the

Court Martial for an offence after than Three years from the date of cause

of action.

(2) When calculating the time period for the purpose of Sub-section

(1), the period of being held as a prisoner of war or of having been within

the territory of the enemy or of having absconded without arrest after

committing an offence shall not be included.

72. Liable to prosecution: (1) A person who commits an offence while

he/she was under the jurisdiction of this Act, he/she may be held in a

military custody and subjected to trial even such person is does not fail

under the jurisdiction of this Act.



(2) Notwithstanding anything contained in Sub-section (1), except as

provided in the offence as referred to in Sections 39, 42, or 55, no case may

be initiated after the expiry of Six months when his/her applicability of this

Act ceases.

(3) After the imposition of imprisonment by a Court Martial on a

person to whom this Act is applicable, even if such person is removed or

dismissed from the service of the Nepal Army or the applicability of this

Act ceases in respect to him/her in any way, this Act shall remain

applicable to such person until the completion of the penalty imposed on

him/her and such penalty may be implemented.

73. Authority to convene Court Martial: (1) The following officers shall

have authority to convene a Court Martial:

(a) Unless otherwise directed (ordered) by the

Government of Nepal, the Chief of Army Staff or an

officer authorized by him shall convene the General

Court Martial,

(b) Unless otherwise directed (ordered) by the

Government of Nepal, the following officers shall

convene the Summary General Court Marital:

(i) The officer who is authorized by the Chief of

Army Staff,

(ii) The officer who is engaged in a military

operation or a person authorized by him,

(iii) The officer who commands any unit engaged in

a military operation who decides that is not

practical to try a case by the General Court



Martial taking into consideration Army

disciplines and necessity.

(c) The officer who is authorized to convene the General

Court Marital in accordance with Clause (a) or an

officer authorized by him shall convene the District

Court Marital,

(d) The commanding officer of a Department, Formation

or Unit of Nepal Army shall convene the Summary

Court Marital.

(2) The Court Martial Convening Officer shall convene the Court

Martial within Thirty days of the date of the cause of convening.

(3) While authorizing as referred to in Clause (a) and (b) of Sub-

section (1), the authority may lay down conditions as required.

Chapter-9

Investigation, Inquiry and Registration of a case

74. To hold in military custody: (1) If a person, who comes under the

jurisdiction of this Act is an accused of an offence as referred to in Chapter-

7, he or she may be held in military custody.

(2) An accused of an offence may be ordered to be held in military

custody by any officer whose rank is senior to him or her.

(3) Notwithstanding anything contained in Sub-section (2), a person

who is engaged in a quarrel, rioting or causing disturbances may be ordered

to hold in military custody by a junior officer even the accused is in a

senior rank.

(4) If a person is alleged to have committed an offence outside the

jurisdiction of this Act and is subjected to the jurisdiction of other court,



and it is necessary to be held him or her in custody to a proceedings for the

period of investigation to prosecution, he/she shall be suspended from

service and may be held in military custody or police custody as per the

order of the court. If his/her presence in court is necessary, he or she shall

be produced by the relevant military officer.

Provided that, he or she shall not be held in military custody after the

filing of a case.

(5) One shall be produced before the Court Martial if he or she is to

be prosecuted in a Court Martial and to other court if he or she is to be

prosecuted in the other court.

75. Responsibility of the commanding officer during custody: (1) If the

commanding officer receives a report that a person under his/her command

has been held in custody, he/she shall make arrangements not to hold

him/her in custody exceeding the period of Twenty Four hours without an

investigation except the time to be taken for journey.

(2) Notwithstanding anything contained in Sub-section (1), if there is

a situation that the same (Twenty Four hours provision) is not possible due

to lack of public transportation services, he/she may be held in custody for

a reasonable period.

(3) The commanding officer shall forward all the details of the

person who is being held in custody exceeding Twenty Four hours, and

reports with reasons, to the Chief of Army Staff or the Judge Advocate

General (Prad Viwak).

(4) If it is necessary to hold a person who is not engaged in a

military operation for more than Eight days due to the failure to issue an

order to convene the Court Martial for the proceeding of his/her case, the

commanding officer shall submit reports along with reasons for such delays



to the officer prescribed by Sub-section (3) every Eight days until the

formation of a Court Martial or the release of the accused.

(5) For the purpose of this Section, the calculation of Twenty Four

hours shall not include the period of public holidays.

76. Request to arrest: (1) If it is necessary for the commanding officer to

arrest a person alleged to have committed an offence he/she may request

the Chief District Officer of the district where the alleged person resides,

and if the Chief District Officer receives such a request, he/she shall arrest

(cause to) the alleged person and hand him/her over to the concerned

officer.

(2) The commanding officer of the Formation, Unit, Sub-unit to

which a deserted person belongs may request the Chief District Officer to

arrest him/her, mentioning his/her personal details, and if the concerned

officer receives such request, he/she shall arrest such deserting person and

hand him/her over to the concerned officer.

(3) Notwithstanding anything contained in Sub-section (1) or (2), if a

police officer has reasonable cause to believe that a person has absconded

or deserted his/her job upon committing an offence, he/she may arrest such

person without an arrest warrant and shall forward him/her to the Chief

District Officer for necessary action.

77. Inquiry as to absence without leave: If a person to whom this Act is

applicable remains absent for more than Thirty days without permission, a

court of inquiry shall be formed as soon as possible. The officer of court of

inquiry, while conducting an inquiry after taking an oath, shall conduct

enquiries whether or not the person is absent without approval of leave or

without reasonable cause of leave, and shall also inquire whether property,

arms, ammunition, equipment, instruments, clothes or other items under



his/her custody is entact or not, and make a decision accordingly. The

commanding officer shall record the content of such decision to the record

book of the Court Marital of the relevant Division or Corps.

78. Chief of Military Police: (1) Unless otherwise instructed (ordered) by the

Government of Nepal, the Chief of Army Staff or any officer designated by

him or her may appoint a Chief of Military Police.

(2) It shall be the main duty of the Chief of Military Police to take

under his/her custody persons held in detention in consideration of any

offence committed by them, maintain order and discipline in the Army and

prevent violation of order or discipline by persons who are joining to or

serving in the Nepal Army.

(3) The Chief of Military Police may arrest a person who has

committed an offence or is accused (suspect) of committing an offence, at

any time for appearing before the trial, and he/she shall execute the penalty

imposed by a Court Marital or any officer exercising the powers to order

for departmental action.

Chapter-10

Procedures of Court Martial

79. Duty station and bench of Court Martial: (1) The Court Martial may

establish a duty station at any place inside or outside of Nepal during the

proceeding of the case.

(2) Except in situations to protect national security, public order and

rights of victims, the Court Martial shall normally sit in open session.

80. Chairperson of Court Martial: (1) The senior officer amongst the

officers of a Court Martial shall chair the Court Martial.



(2) If the senior officer who chairs the Court Martial is absent, the

second in seniority shall, subject to the provisions of Section 67, chair the

Court Martial.

81. Presence of Judge Advocate General (Prad Viwak): (1) The Judge

Advocate General (Prad Viwak) or the Prad (Law) Officer assigned or

designated by him/her shall be present in every General Court Martial,

Summary General Court Martial and District Court Martial as the Prad

Viwak.

(2) If a person who is accused of an offence submits a request for

his/her defence to designate a Prad Officer of his/her choice in a Court

Martial to the Defence Section of the Prad Viwak, the Prad Viwak shall

assign a Prad Officer accordingly. The Prad Officer shall defend him/her

in the Court Martial if he/she is so assigned.

82. Objection may be raised: (1) After the submission of case to a Court

Martial for trial, the name of the chairperson and members of the Court

Martial shall be read to the accused, and he/she shall be asked whether

he/she has any objection regarding the Chairperson or any other member or

not.

(2) If the accused raises any objection regarding the Chairperson or

any other member, the court shall keep records of the reasons thereof and

the reply made by the Chairperson and such other member. The

Chairperson or members not so objected shall discuss on such objection

and shall make a decision in the absence of the Chairperson and member so

objected.

(3) If at least Fifty percent of members agree with the objection, the

seat of the Chairperson and member so objected shall be vacated. The

vacant seat shall be filled by nominating another officer, and the procedures



of objection as referred to in Sub-section (1) shall also apply to such a new

Chairperson or member.

(4) After completion of procedures of objection as referred to in

Sub-section (1) and (2), the Court Martial shall begin with the trial of a

case.

83. Oath: Before the beginning of a trial, the Chairperson, members and the

Prad Viwak shall take oath in the manner as prescribed.

84. Procedures for decision making: (1) The Court Martial shall make

decisions on the basis of a majority vote. In the case of a tie, the decision

shall go in favour of the accused.

Provided that, the following matters shall be decided as follows:

(a) To render a penalty of life sentence along with

confiscation of entire property by the General Court

Martial it shall require at least a Two Thirds majority

vote.

(b) To render a penalty of life sentence along with

confiscation of entire property by the Summary

General Court Martial it shall require unanimous vote.

(2) Notwithstanding anything contained in Sub-section (1), the

opinion supported by the Chairperson shall prevail on the procedural

matters other than the imposition of penalty and rendering of the judgment.

(3) In the course determining the penalty (sentencing) by the Court

Martial, the Prad Viwak present before the Court Martial or his/her

representative may give a separate opinion.

(4) In the course of investigation and hearing of a case which falls

under the jurisdiction of a Court Martial, the rights regarding criminal



justice shall be protected and sufficient opportunity to produce evidence in

defence shall also be granted.

85. Taking judicial notice: The Court Martial may take judicial notice that

the military matters are within the general knowledge of the Chairperson

and members.

86. Summoning: (1) The officer convening the Court Martial or the

Chairperson of the Court Martial or the Prad Viwak or the commanding

officer of the accused may issue a summons to the concerned persons to

produce any document or any other item, and to attend at the place and in

the time as prescribed for recording the statement as a witness.

(2) If it is necessary to cause to produce any particular document or

any item that is in the possession of a witness, such a matter shall be

mentioned in the summons per se.

(3) If a witness is a person under the jurisdiction of this Act, the

summons shall be dispatched to the commanding officer and such officer

shall cause to serve the summons to the concerned person.

(4) If it is known that a witness is under the jurisdiction of Chief

District Officer, the summons to such witness shall be dispatched to the

Chief District officer and he/she shall cause to serve the summons to the

witness.

(5) Every person who has to record his/her statement in the Court

Martial shall take an oath, as prescribed, before recording his/her statement.

87. Sealed questionnaire (Banda Sawal): (1) If the Court Martial believes

that the summoning of a particular witness may cause delays, does not seen

cost effective, or causes difficulties unnecessarily, it may issue an order to

the Prad Viwak allowing him/her to ask sealed questions (Banda Sawal).



(2) After receiving an order as referred to in Sub-section (1) the

Prad Viwak may request to the Chief District Officer to serve the sealed

questions to the witness within his/her jurisdiction, and upon receiving such

request, the Chief District Officer shall cause to serve the sealed questions

in accordance with the prevailing law.

(3) The Court Martial shall include questions which an accused or

his/her legal counsel intends to raise and which are relevant to the case in

the sealed questionnaire.

(4) The legal counsel or attorney (Wares) and the accused

him/herself, if he/she is not into the custody may cross-examine a witness

being present before the Chief District Officer.

(5) After completion of recording of the statement in accordance

with sealed questionnaire, the sealed questionnaire shall be forwarded to

the Prad Viwak.

(6) The Prad Viwak shall submit the sealed questionnaire received as

referred to in Sub-section (5) to the concerned Court Martial. In a case of

the dissolution of the Court Martial, it shall be forwarded to the other court

which is hearing such case. The Court Martial or other court shall include

the sealed questionnaire so received into the file, and the accused or legal

practitioner shall be allowed to see the questionnaire.

(7) The Court Martial may postpone the trial of the case until the

period needed for dispatching the sealed questionnaire and obtaining the

response.

88. Presumption of signature: The signature signed in the course of the

proceeding of a case or on any application, certificate, arrest warrant,

response or any document by an officer of any rank of the Government of



Nepal, shall be presumed to have been signed by him/herself, unless it is

otherwise proved.

89. Documents admissible as an evidence: The information contained in

the following documents shall be admissible as an evidence in a case

adjudicated by the Court Martial:

(a) The information contained in the Sheet Role form by the concerned

person in the course of appointment,

(b) Original copy of the Sheet Role form or its certified (attested)

photocopy indicating "copy is same as original" and signed by the

officer responsible for it,

(c) Any letter, response or details of any document signed by the Chief

of Army staff or an officer prescribed by him regarding the service,

removal or termination of service from the Nepal Army,

(d) Status and rank of Padik or any other Darjani Chhina registered in

the Register of Nepal Army or Army order or published in Nepal

Gazette and Army order registered in the Register regarding

someone's appointment or mater published in the Nepal Gazette,

(e) Information contained in the regimental book signed by the

commanding officer or an officer responsible for keeping records,

(f) Information contained in a copy which is attested as "copy is same

as original" and signed by the officer responsible for regimental

book,

(g) In case a person to whom this Act is applicable and who is under

trial on an offence as referred to in Section 42 and 58, and has

surrendered him/herself before any officer or any person to whom

this Act is applicable or any camp (organ) of the Nepal Army, or in

case such person has been arrested by any officer or any person to



whom this Act is applicable; a certificate signed by such officer,

such person or the commanding officer of such camp indicating the

place and date of surrender or arrest and his/her dress-up,

(h) In case a person to whom this Act is applicable and who is under

trial on the offence as referred to in Section 42 or 58 has surrendered

him/herself during his/her trial before any police officer, in-charge

of a police office or in case such person has been arrested by such

police officer, information contained in a letter certified and signed

by such police officer indicating the place and date of surrender or

arrest and his/her dress-up,

(i) Information contained in the report received from a forensic scientist

or forensic laboratory prepared upon request for examination or

investigation.

90. Requesting information from governmental authorities: (1) If an

accused charged with an offence as referred to in Sections 42 and 58

requests to inquire with an officer of the Government of Nepal regarding

the offence or the Court Martial itself finds it appropriate to inquire with

such an officer, the Court Martial may request to the officer for such

information and adjourn (keep in pending) the case till the response is

received.

(2) The information recorded as referred to in Sub-section (1) shall

be recognized as good as the statement recorded before the Court Martial.

(3) In case the Court Martial is dissolved before receiving the

information as referred to in Sub-section (2) or the Court Martial fails to

observe the procedures in accordance with this Section, the officer

convening the Court Martial may cancel the trial and issue an order to carry

out a re-trial.



91. Previous penalty and character as an evidence: (1) In the course of

making a decision regarding a person charged with an offence as referred to

in Chapter-6, the Court Martial may collect information on whether such

person was previously convicted or not, or whether he/she was subjected to

any departmental action or not, and may admit it in the decision as an

evidence. For this purpose the Court Martial may take into note of his/her

character and previous activities.

(2) A copy may be made of the oral statement recorded pursuant to

Sub-section (1) or the information contained in a regimental book or any

governmental book, and it shall not be necessary to give prior notice to the

accused that the previous conviction or character of accused or his/her

previous activities shall be admitted as an evidence.

(3) The Summary Court Martial, if deems reasonable, may keep

records of information, without attestation, of the decision if any decision

has been made in regards to such person, his character or previous

activities.

92. Provisions of Evidence Act, 2031 (1974) to be applicable: The Court

Martial, while examining evidence in the course of the trial of an offence

pursuant to this Act, shall apply the procedures provided by this Act, and in

other matters the procedures provided by the Evidence Act, 2031 (1974)

shall be applicable.

93. Defence of mentally abnormal accused: (1) If it is found that a person

is unable to defend him/herself due to mental insanity during trial by the

Court Martial or he/she committed the alleged act under the circumstances

during which he/she was unable to understand the nature of the act and that

such act was unreasonable and illegal, the Court Martial shall prepare a

memorandum in this regard.



(2) The Chairperson of the Court Martial or investigating officer of

the Summary Court Martial shall submit immediately the memorandum

prepared pursuant to Sub-section (1) before the approving authority or an

official as referred to in Sub-section (3) of Section 115.

(3) In case the approving authority does not approve the verdict of

the memorandum received pursuant to Sub-section (2), necessary action

may be taken to try the case in the same or another Court Martial.

(4) If the approving authority approves the details of the

memorandum submitted by the Summary Court Martial pursuant to Sub-

section (2), the approving authority shall issue an order to hold the accused

in the custody and shall submit it to the Government of Nepal, Ministry of

Defence, for approval.

(5) After receiving the report pursuant to Sub-section (4), the

Government of Nepal, Ministry of Defence shall issue an order to hold such

person in a mental hospital or in custody in any appropriate safe place.

94. Trial of a mentally abnormal accused: (1) The Chief of the Army,

Army Corps, Divisional Headquarters, or the Brigade or any officer on

his/her behalf may issue an order to proceed with a case in the same or any

other Court Martial on the ground of the report of a doctor stating that the

person detained pursuant to Section 92 is able to defend him/herself; or on

the ground of a certificate issued by the chief of a mental hospital or prison

stating that the such person is able to defend him/herself in a case where the

person has been detained in mental hospital or prison. If the charge has

been made for an offence under any other prevailing laws except the

offence pursuant to this Act, an order may be issued to cause to try the case

in other court.



(2) The order issued pursuant to Sub-section (1) shall be forwarded

to the Ministry of Defence for its information.

95. A mentally abnormal accused may be released: The Ministry of

Defence may release a person who has been held in detention pursuant to

Section 93 or held in custody or sent to a mental hospital in case if he/she

was not already held in a mental hospital based on the report of the Doctor

in respect to a person who was held in detention, or if the chief of the

mental hospital or prison recommends his release or a certificate stating

that the person might not be harmful to him/herself or anyone else after

release.

96. A mentally abnormal accused may be handed over to the

successor or guardian: If a successor or guardian of a person held in

custody pursuant to Section 93 lodges an application requesting that if

he/she be handed over to them for his/her caretaking or responsibility, and

if the Ministry of Defence is satisfied that the such a person shall be taken

care of, and that he/she will not harm him/herself or others and shall be

produced to the prescribed officer on the prescribed date and at the

prescribed time, the Ministry of Defence shall hand him/her over to his/her

successor or guardian.

97. Auction and management of materials relevant to an offence: (1)

The Court Martial shall protect the materials relevant to an offence which is

produced to it in the course of a trial of the case.

(2) In case a materials kept for protection pursuant to Sub-section (1)

may be decayed or damaged, the Court Martial may issue an order to

auction such materials and to deposit such an amount in the governmental

account (state treasury).



(3) After completion of the proceeding by a Court Martial, the

authority having power to approve a verdict and penalty of such Court

Martial or an officer senior to such officer or if a decision of a Court

Martial does not need approval for imposing penalty, the Chief of the

Army, Corps (Chamu), Divisional Headquarters (Pritana) or Brigade

(Bahini) may issue an appropriate order to confiscate, destroy or to return

such materials to the person who claims it as a successor or to sell any

goods, or documents related to an offence that are received in the court in

the course of the trial in a case.

(4) The official issuing an order pursuant to Sub-section (1) shall

send a copy of such order to the Chief District Officer of the area where the

materials are being located if the case was not tried with in the territory of

Nepal, and the Chief District Officer shall also cause to perform the acts in

accordance with the order.

Explanation: For the purpose of this Section the term "materials"

shall include not only the materials held in primary possession or

ownership but also materials which have changed their form immediately

or after some time and goods obtained through exchange or income made

from the sale.

98. Recognitions of the actions of Court Martial: The proceeding

conducted by a Court Martial pursuant to this Act shall be recognized as the

proceeding of a court.

99. Postponement and dissolution of Court Martial: (1) A Court Martial

shall be postponed in the following circumstances:

(a) If, after the beginning of trial, the number of

Chairperson and members determined pursuant to

Section 67 decreases,



(b) If, during the trial, it is impossible to continue the trial

because the representative of the Prad Viwak or the

accused fall sick.

(2) The authority convening the Court Martial may dissolve the

Court Martial if it is deemed impossible or unreasonable to continue the

Court Martial in view of military necessity or discipline.

(3) If the Court Martial which was postponed pursuant to Sub-

section (1) returns to the original position it may be continued.

(4) The Court Martial dissolved for the reasons as referred to in Sub-

section (2) may be reconvened and the trial may be continued.

(5) After the completion of all the activities related to decision, the

Court Martial shall ipso facto be dissolved.

100. Forwarding files: (1) After completion of the trial, proceeding and

hearing of the case by a Court Martial except the Summary Court Martial,

the file with the decision shall be forwarded to the Judge Advocate General

Department (Prad Viwak) and the Judge Advocate General Department

(Prad Viwak) shall examine the file as required and shall forward it to the

authority as referred to in Section 108, 109 and 110 for the approval of the

decision or opinion.

(2) After completion of the trial, proceeding and hearing, the file

along with the decision shall be forwarded to the Judge Advocate General

Department (Prad Viwak), and the Judge Advocate General Department

(Prad Viwak) shall make examinations.

(3) In a case of a departmental action pursuant to Section 105, the

penalty ordering authority shall forward the attested copy of the file to the

authority as referred to in Section 118.



Chapter-11

Penalties

101. Penalties which may be imposed by Court Martial: (1) The Court

Martial may impose the following Penalties:

(a) Life imprisonment along with confiscation of entire

property,

(b) Confiscation of his or her entire share of ancestral

property,

(c) Imprisonment of upto Fourteen years,

(d) Removing from service without prejudicing eligibility

for any governmental service in the future, or

dismissing with ineligibility for any governmental

service in the future,

(e) Demotion to a lower rank,

(f) Freezing of promotion for Five years,

(g) Deduction of salary and allowances for Three months

in case the offence has been committed in the course

of military action,

(h) Freezing of salary and allowances until the recovery of

compensation,

(i) Freezing of salary increments for a period not

exceeding Two years,

(j) Warning (Nasihat).

(2) The following penalties shall be imposed for the following

offences:



(a) Life imprisonment along with confiscation of entire

property for the commission of offences as referred to

in Section 38, 39 or Clause (a) of Sub-section (1) of

Section 42.

(b) A maximum Fourteen years of imprisonment shall be

imposed for the commission of the following offences:

(1) Offences provided in Section 40,

(2) Offences provided in Section 41 and Clause (a)

of Section 45 during a military operations,

(3) Offences provided in Section 43 or 46 if

committed intentionally,

(4) Offences provided in Clause (a) or (b) of

Section 44 committed against a person while

discharging his/her duties during a military

operation,

(5) Offences provided in Section 47.

(c) A maximum Ten years of imprisonment shall be


(1) Offences provided in Clauses (a) or (b) of

Section 44 committed against a person not

during the military operation,

(2) Offences provided in Section 48, 49 or 50,

(3) Offences provided in Clause (a) of Section 51

or Clause (a) of Section 52.

(d) The penalty of confiscation of entire property or

maximum of Seven years of imprisonment shall be



imposed for the commission of offences provided in

Clause (b) of Sub-section (1) of Section 42.

(e) A maximum of Seven years of imprisonment shall be


(1) Offences provided in Section 41 committed not

during military operation,

(2) Offences provided in Section 46 that are

committed unintentionally,

(3) Offences provided in Clauses (b), (c), (d), (e),

(f) or (g) of Section 52,

(4) Offences provided in Section 43, 54 or 63.

(f) A maximum of Five years of imprisonment shall be


(1) Offences provided in Clause (c) of Section 44,

(2) Offences provided in Clause (a) of Section 45

committed not during the period of a military

operation,

(3) Offences provided in Clauses (b) or (c) of

Section 51 or Sections 45, 56 or 57.

(g) A maximum Three years of imprisonment shall be

imposed for the commission of offences provided in

Clauses (c) or (d) of Sub-section (1) of Section 42 or

Sections 58, 59 or 60.

(h) A maximum of Two years of imprisonment shall be




(1) Offences provided in Clauses (e), (f), (g) or (h)

of Sub-section (1) of Section 42,

(2) Offences provided in Clause (b) of Section 45,

(3) Offences provided in Clause (h) of Section 52

committed by personnel below the rank of

officer while discharging duties during a

military operation,

(4) Offences provided in Section 43 that are

committed unintentionally,

(5) Offences provided in Section 61.

(i) A maximum of Six months imprisonment shall be

imposed if a personnel below the rank of officer

commits offences provided in Clause (h) of Section 52

except in the period of military operation or while on

duty.

(j) A person who commits offences provided in Clauses

(i) and (j) of Section 52 shall be removed from the

service.

(k) A person who commits offences provided in Clause

(k) of Section 62 shall be barred from Two salary

increments or promotion for Two years.

(l) A person who attempts to commit such offences as

referred to in Chapter-7 or induces another person to

commit such offences shall, unless there is specific

provision in this Act, be imposed the following

penalties:



(1) A maximum of Fourteen years of imprisonment

for attempting to commit an offence for which a

penalty of life imprisonment along with

confiscation of entire property may be imposed,

and half of the maximum (range) imprisonment

for other offences which have been attempted,

(2) Equal penalty for inducement (incitement) to

commit an offence as imposed for committing

an offence,

(3) A maximum of Fourteen years of imprisonment

for inducement to commit an offence which has

not been committed (completed), and half of the

maximum (range) punishment for inducement

to commit any other offence which had not

actually been committed (completed).

(3) If a person who committed an offence provided in Clause (b) of

Sub-section (1) of Section 42 has absconded and is not found (traced) or

does not produce him/herself within Thirty Five days, his/her partition

share to ancestral property shall be frozen from being transacted. If such

person does not appear him/herself or could be found through making a

search within Three years, his/her partition share to ancestral property shall

be confiscated and auctioned, and the money therefrom shall be deposited

to the Government Treasury.

(4) After confiscation of partition share to ancestral property, if the

offender is found, he/she may be imposed life imprisonment along with

confiscation of the entire property.



(5) A person who is dismissed from service and disqualified for any

governmental job in future pursuant to Clause (j) of Sub-section (2), shall

not be paid his/her remaining salary or allowances and pension which

he/she is entitled and other facilities except the money accumulated in

his/her provident fund.

102. Addition or reduction of penalty: (1) If a Court Martial convicts an

accused of an offence as referred to in Chapter-7, the Court Martial,

depending on the degree of penalty or offence mentioned in Sub-section (2)

of Section 101, may sentence a lesser penalty amongst the penalties

mentioned in Sub-section (1).

(2) If a Court Martial imposes a penalty of removing from service

without prejudicing eligibility for any governmental service in the future, or

dismisses with ineligibility for any governmental service in the future

pursuant to Clause (d) of Sub-section (1) of Section 102, the Court Martial

may impose one or more additional penalty as referred to in Clauses (e), (f),

(g), (h), (i) or (k) of the same Sub-section.

(3) Before imposing a penalty as referred to in Clauses (a), (b) or (c)

of Sub-section (1) of Section 101 to a person of an officer rank, he or she

shall be imposed the penalty as referred to in Clause (d) of the same

Section.

103. A person accused of an offence may be convicted of other

offences: (1) A person who has been accused of the following offences

may be convicted and punished for the following offence by a Court

Martial:

(a) A person accused of deserting may be convicted for

attempted desertion or absence,



(b) A person accused of attempted desertion may be

convicted for absence,

(c) A person accused of using criminal force may be

convicted for the offence of attacking,

(d) A person accused of using threats may be convicted

for the offence of using disrespectful language,

(e) A person who is accused of an offence provided in

Clause (a) or (b) of Section 49 may be convicted for

the offence provided in Clause (c) of the same Section.

(2) If a person is an accused of serious offence which cannot be

proved, a Court Martial may convict him/her for a lesser degree offence and

punish him/her accordingly.

(3) If a person is accused of an offence provided by this Act, he/she

may be convicted and punished for attempting or inducing to commit the

same offence even if he/she has not been accused of attempting or inducing

to commit such offence.

104. Battlefield penalty: (1) If a person commits an offence provided in Sub-

section (2) of Section 63, he or she may be imposed a penalty of detention

or fatigue except causing any harm to the body.

(2) If a Sergeant (Hudda), Corporal (Amaldar) or Lance Corporal

(Pyuth) is imposed a battlefield penalty, he or she shall be deemed to have

been demoted to Sipahi.

105. Departmental action: (1) Notwithstanding anything contained in

Chapter-8 and this Act, if the person of the following rank who falls under

the jurisdiction of this Act commits an offence under this Act, one may,

without convening a Court Martial, be subjected, taking into consideration



the gravity of the offence, to the following departmental action by the

following officer:

(a) The commanding officer or the commander of the

similar rank or other officer assigned by the Chief of

Army Staff upon approval from the Government of

Nepal may order one or more than one departmental

actions mentioned below against a person who is other

than the rank of Officer or Junior Commissioned

Officer:

(1) To hold in military custody upto Thirty days,

(2) To detain upto Thirty days,

(3) To detain in a line upto Thirty days,

(4) To place in additional guard duty or duties,

(5) To remove the duties being performed by

him/her or removing from the acting posts in

which he/she is serving,

(6) Freezing or reduction in the salary or

allowances which were awarded for good

service, conduct or qualifications,

(7) Subjecting to warning,

(8) Subjecting to fine upto an equivalent of

Fourteen days payment in a month,

(9) Freezing of salary or allowances upto the

recovery of a loss (compensation),

(10) Subjecting to Thirty days' battlefield penalty

during a military operation,



(11) Subjecting to battlefield penalties.

(b) The Chief of Division (Pritanapti) or the Brigadier

(Bahinipati) or any other Pati of the same rank or any

other officer assigned by the Chief of Army Staff upon

approval from the Government of Nepal may order

one or more than one departmental actions mentioned

hereunder against an officer who is below the rank of

Senani or Junior Commissioned Officer (Padik):

(1) Subjecting to ultimatum (Nasihat),

(2) Subjecting to warning (Chetawani),

(3) Freezing of salary upto the recovery of loses,

(4) Freezing of promotion upto One year,

(5) Removal of seniority upto One year.

(c) A Major General (Uparathi) or an officer of the

similar rank or any other officer assigned by the Chief

of Army Staff upon approval by the Government of

Nepal may order one or more departmental actions

mentioned below against a person of the rank of

Lieutenant Colonel (Pramukh Senani) and officer

below to this rank or Non-Commissioned Officers

(Padik):

(1) Subjecting to ultimatum (Nasihat),

(2) Subjecting to warning (Chetawani),

(3) Freezing of salary upto the recover of the

losses,

(4) Freezing of promotion upto One year,



(5) Removing (deducting) of seniority upto One

year.

(d) The officer assigned by the Chief of Army Staff or the

commanding officer upon approval by the Government

of Nepal may try an army personnel of the rank of

non-commissioned officer (Padik) who is accused of

an offence under this Act, and he/she may freeze the

salary or allowances until the recovery of loss if he/she

is convicted.

(2) Prior to the order of departmental action as referred to in Sub-

section (1), the concerned accused shall not be denied from the right to file

an application for a trial by the Court Martial if he/she so desires.

106. Limit on departmental action: (1) While ordering a penalty provided in

Clause (a) of Sub-section (1) of Section 105, the battlefield penalty

provided in Sub-clauses (1), (2) and (3) shall not be added to it.

(2) Amongst the penalties provided in Sub-clauses (1), (2), (3) or (4)

of Clause (a) of Sub-section (1) of Section 105, if a person is imposed

more than one penalty, the penalties provided in Sub-clauses (3) or (4) shall

be added only after the completion of penalties provided in Sub-clauses (1)

or (2).

(3) If more than one penalty provided in Sub-clauses (1), (2) or (3)

of Clause (a) of Sub-section (1) of Section 105 is ordered, the total period

of penalties shall not exceed Forty Five days.

(4) Personnel who are below the rank of non-commissioned officer

(Billadar) shall not be imposed the penalty provided in Sub-clause (7) of

Clause (a) of Sub-section (1) of Section 105.



107. Collective fine: (1) If any equipment, arms or ammunition, bullets, parts

of arms of any company (Gulm) squadron, battery or other such units are

lost or stolen, the Chief of Army Staff or Chief or the Corps (Chamu),

Division (Pritana) or Brigade (Bahini), upon receiving the report of the

Court of Inquiry, may impose a collective penalty on all non-commissioned

officers (Padik), Sergeants (Hudda), Corporals (Amaldar), Lance Sergeants

(Pyuth) of such unit or the persons whom he/she decides responsible

thereto.

(2) Such a fine shall be reimbursed proportionately, from the salary

of personnel who are so fined.

Chapter-12

Approval of Case and Rehearing (Revision)

108. Approval of the decision of penalty of General Court Martial: The

decision or penalty issued by the General Court Martial shall be approved

by the Government of Nepal or the officer authorized by Government of

Nepal.

109. Approval of the decision or penalty of Summary General Court

Martial: The decision or penalty issued by the Summary General Court

Martial shall be approved by the person who convened the Court Martial or

the senior officer if he/she (who convened the Summary General Court

Martial) ordered to submit the decision or penalty to the senior level.

110. Approval of the decision of the District Court Martial: The decision

or penalty issued by the District Court Martial shall be approved by the

officer who is empowered to convene the General Court Martial or an

officer authorized by him/her.



111. Procedures applicable in the approval of a case: For the purpose of

approval of a case pursuant to Sections 108, 109 and 110, the Court Martial

which decided the case shall prepare, within Seven days from the date of

the decision, the full text of decision along with clear grounds and reasons

thereof, and shall forward the concerned file for approval within Thirty

days. The agency (Nikaya) or authority who has an authority for approval

shall finalize his/her actions on the files so received within Thirty days

from the date of receipt.

112. Conditions may be laid down: While authorizing pursuant to Sections

108 and 110, the authorizing officer may lay down conditions.

113. Reduction of penalty: The officer who is authorized to approve the

penalty imposed by the Court Martial may, subject to the conditions laid

down pursuant to Section 112, reduce the penalty imposed by the Court

Martial or approve a lesser penalty amongst the penalties prescribed in

Section 101.

114. Rehearing (Revision) of decision or penalty: (1) The endorsing

(approving) officer may give an order to rehear the penalties imposed by

the Court Martial.

(2) If an order is issued pursuant to Sub-section (1), the Court

Martial may examine additional evidence and proceed with and adjudicate

the case.

(3) If it is necessary to rehear a case, it shall be reheard by the same

officers who issued the previous decision unless they are unable to be

present for inevitable reasons.

(4) If the officer who issued the original decision could not be

present, a memorandum indicating the reasons thereto shall be attached to



the file and the members equal to the number who fail to be present shall be

added, and the case shall be proceeded.

115. Decision or penalty of Summary Court Martial: (1) The decision or

penalty of the Summary Court Martial shall not be approved and it shall be

executed immediately.

(2) Notwithstanding anything contained in Sub-section (1), if the

case is proceeded by an officer who has served less than Five years, the

penalty shall not be executed, except during a military operation, unless

approved by the Brigadier (Bahinipati) or officer senior to the Brigadier is

received.

(3) The decision made or penalty imposed by the Summary Court

Martial shall be submitted to the head of Brigade (Bahinipati) or Division

(Pritanapti) or the officer authorized by the Chief of the Army Staff, and

such officer shall examine the reality of the case and may nullify or reduce

the conviction or penalty.

116. Alteration of decision or penalties: (1) If a penalty of a Court Martial

which is approved or a decision or penalty which does not require approval,

is not supported by evidence or cannot be recognized for any reason, and

the officer who is empowered to reduce penalty pursuant to Section 113

issues a new decision or penalty, the same penalty shall be executed.

Provided that, no new decision or penalty shall be issued or imposed

except in the case if the Court Martial questions the jurisdiction in respect

to such decision or penalty, or the Court Martial is not satisfied with

reasons given in such decision or penalty.

(2) Except if a new decision or penalty is issued pursuant to Sub-

section (1), if the penalty issued by the Court Martial which is approved or

does not require any approval is not recognized for any reason, the officer



prescribed in Sub-section (1) may, subject to the provisions referred to in

the same Sub-section, issue a new penalty as he/she deems reasonable.

(3) The penalty which is imposed pursuant to Sub-sections (1) or (2)

shall not exceed the penalty imposed by the Court Martial.

(4) The alteration or imposition of a penalty pursuant to this Section

shall take effect as if imposed by a Court Martial.

117. Non-recognition of decision or approval: The decision or penalty

issued by the Court Martial except by the Summary Court Martial shall not

be recognized unless it is approved.

118. Reviewing order of departmental action: If the order of departmental

action is deemed illegal or unjust or excessive, the following officers may

review such order and nullify or alter or reduce such penalties.

(a) Any senior commanding officer in respect to the penalties ordered

by the commanding officer,

(b) The Government of Nepal, Chief of Army Staff or other officer as

assigned by the Chief of Army Staff in the case of a penalty imposed

by any other officer.

119. Appeal against the decision or order of Court Martial: (1) There

shall be an Army Special Court Martial which shall hear appeal against a

decision or final order rendered by a General Court Martial and Summary

General Court Martial pursuant to Clause (a) of Section 68.

(a) Judge of an Appellate Court

nominated by Government of Nepal

on the recommendation of the

Judicial Council Chairperson

(b) Secretary of Ministry of Defence Member



(c) Chief of Prad Viwak Member

(2) The party aggrieved by the decision or final order rendered by a

General Court Martial and Summary General Court Martial pursuant to

Clause (a) of Section 68 may file an appeal before the Special Court Martial

as referred to in Sub-section (1) within Thirty Five days of the date of such

decision or final order.

(3) The Court established pursuant to Sub-section (1) shall have an

original jurisdiction to proceed with and adjudicate the case as referred to in

Section 62.

(4) An appeal may be filed before the Supreme Court against a

decision made pursuant to Sub-section (3) within Thirty Five days of the

decision.

(5) The procedures applicable to the original jurisdiction and

appellate jurisdiction shall be as prescribed.

(6) The party aggrieved by a decision or final order of the Court

Martial regarding offences as referred to in Clauses (b) and (c) of Section

68 may file an appeal before the Chief of Army Staff through the Judge

Advocate General Department (Prad Viwak) within Thirty Five days of the

date of decision or final order.

(7) There shall be an Appeal Hearing Committee which shall

proceed with and adjudicate the cases filed pursuant to Sub-section (6):

(a) Brigadier General (Sahayk Rathi)

nominated by the Chief of Army

Staff Chairperson

(b) Colonel (Mahasenani) nominated

by the Chief of Army Staff Member



(c) Representative of Prad Viwak

who was not involved in the Court

Martial of the concerned case Member

(8) The procedures applicable during the proceedings and

adjudication of an appeal to the Committee as referred to in Sub-section (7)

shall be as prescribed.

Chapter-13

Execution of Penalties

120. Calculation of the period of imprisonment: (1) The term of

imprisonment imposed on a person by a Court Martial pursuant to this Act

shall be counted from the date he/she is taken into custody irrespective of

whether such penalty has been reheard or not, and from the date when the

Chairperson signs the penalty in a case of the original proceeding of the

case and an officer of Court Martial signs the penalty in a case of the

Summary Court Martial.

(2) If a person convicted by a Court Martial for an offence during a

military operation is imposed an imprisonment rather a dismissal from the

service, and such person could not be sent to the prison for any reason, the

prescribed officer may give an instruction assigning him/her to carry out

the responsibilities for his/her post.

(3) The period of service performed pursuant to Sub-section (2) shall

be counted in the period of imprisonment.

121. Executing the penalty of imprisonment: (1) An officer having

authority to approve the penalty imposed on a person convicted by a Court

Martial shall issue an order to send him/her in prison to serve the term of



imprisonment or an officer of Court Martial shall issue such order in

relation to a person who is convicted by a Summary Court Martial.

(2) Upon receiving an order pursuant to Sub-section (1), the

commanding officer of the person subjected to penalty or any other

prescribed authority shall send him/her to prison along with a detention

letter.

(3) When transferring a prisoner from one place to another,

arrangements shall be made to prohibit escape, flee or commission of other

undesirable acts.

(4) If a new order is issued in relation to a prisoner replacing the

previous order, the officer who so orders shall issue a detention letter

accordingly to the concerned prison chief.

(5) Detention shall not be deemed illegal merely on the ground that

there is an error in the detention letter or any document thereto or it does

not match with the prescribed format or for any other reason in case a

person has been held in prison as per the decision imposing imprisonment

by the Court Martial.

(6) If an order is issued to hold the convicted person in prison to

serve the imprisonment, such a convict may be held in custody at any

appropriate place until he/she is sent to the prison.

(7) In case the penalty does not exceed the term of Three months, the

officer as referred to Sub-section (1) may issue an order to hold such person

in military custody until the completion of term of imprisonment.

(8) During a period of military operation, the term of imprisonment

may be served by holding him/her in custody as prescribed by the

commanding officer.



(9) No prisoner held in prison pursuant to this Act shall be subjected

to any corporal punishment during the period of imprisonment; and no

penalty of imprisonment shall be imposed on him/her which is not in

accordance with the prevailing law.

(10) If the commanding officer of the Army, Corps (Chamu),

Division (Pritana) or Brigade (Bahini) believes that it is not possible to

execute any penalty in military prison or military custody, he/she may issue

an order to hold the concerned person in any prison.

122. Period to be considered as prisoner of war: For the purpose of

Section 131, a person shall be deemed to have remained as a prisoner of

war until investigations into his/her conduct pursuant to Section 129 are

completed and until the day of his/her dismissal from service in case he/she

is dismissed from service on the grounds of his/her conduct after the

completion of investigations.

123. Reduction in salaries and allowances: (1) For the purpose of

implementing an order of penalty, the salary and allowance of an officer

shall be deducted as follows:

(a) The salary and allowance for the day of his/her

absence, except when satisfactory explanations are

given to the commanding officer and those

explanations are approved by the Government of

Nepal,

(b) The salary and allowances for the period held in

custody or on suspension from duty as per the order

issued by any Court Martial or other court or any

authority who has an authority to issue an order for

departmental action,



(c) The amount of the salary decided to be paid to any

person whose salary is illegally frozen or who is

refused to be paid,

(d) The amount required to reimburse the expenses

resulting from an order issued by a Court Martial or an

authority who has the power to issue an order for


(e) All such salaries and/or allowances subjected to

confiscations or freezing pursuant to an order issued

by a Court Martial or the Authority who has the power

to issue an order for departmental action of

confiscation or freezing,

(f) The amount required to pay the fine imposed by a

Court-martial or any other court pursuant to Section

66,

(g) The amount required to reimburse the property stolen

or causing any loss to the property of the Government

of Nepal or the Nepal Army which is proved by the

investigations conducted pursuant to the Rules which

were stolen or damaged due to negligence or mistake

of the officer,

(h) All such salaries and allowances forfeited through an

order of the Government of Nepal after the Court of

Inquiry formed by the Chief of Army Staff has held

that the concerned officer had cooperated with the

enemy, or served the enemy while in the custody of the

enemy or helped the enemy as per the orders of the



enemy or otherwise, or that he/she had been captured

by the enemy for being intentionally negligent while

on duty and held under the custody of the enemy, or

that he/she had failed to return to his/her side even

when he/she could do so after being captured by the

enemy,

(i) The amount to be paid as per the order of the

Government of Nepal by the concerned officer for the

maintenance of one's wife and/or children, or the

amount being paid by the Government as maintenance

for such children.

(2) Subject to the provisions of Sub-section (1), the salary and

allowances of persons other than officers shall be deducted as follows:

(a) The salary and allowances payable for each day of

absence, desertion, detention as a prisoner of war or

while being held in custody by the Court Martial, other

courts or an authority who may order for a

departmental action or absence resulting from

battlefield penalty ordered by a Court Martial or an

authority who may order for a departmental action and

the salary and allowances payable for each day of

absence resulting from detention prior to imprisonment

after being convicted of an offence by a Court Martial

or other court,

(b) The salary and allowances payable for the period of

detention or suspension from duty on the charge of

committing an offence for which the person concerned

is subsequently convicted by any Court Martial or



other court or an authority who has power to issue an

order for departmental action,

(c) The salary and allowances payable for each day of

hospitalization after falling ill for which the doctor

engaged in the treatment issues a certificate to the

effect that the person concerned has fallen ill because

of action taken by him/her which is deemed to be an

offence under this Act,

(d) The amount of salary and allowances payable for each

day of hospitalization as determined by the officer

prescribed or authorized by the Government of Nepal

after falling ill for which the doctor engaged in the

treatment issues a certificate to the effect that the

person concerned has fallen ill because of his/her

misconduct or negligence,

(e) All such salaries and allowances as ordered for

forfeiture or freezing by a Court Martial or an

authority who has power to issue an order for


(f) The salary and allowances payable for each day from

the date of dismissal from service in consideration of

the conduct of the person concerned to the date of

his/her release from the enemy, in case he/she is held

as a prisoner of war or in custody by the enemy,

(g) The amount needed to compensate as determined by

his/her commanding officer for the loss or damage or



destruction or unnecessary expenses caused by him/her

to any building or asset of the Government of Nepal,

(h) The amount required to pay the fine imposed by a

Court Martial or other Court or any authority who

exercises power as referred to in Sections 66, 105 or

107.

(i) The amount to be paid as per the order of the

Government of Nepal by the concerned person for the

maintenance of his wife and the children, or the

amount being paid by the Government as maintenance

for such children.

124. Calculation of period of absence without leave or custody: For the

purpose of Clause (a) of Sub-section (2) of Section 114:

(a) No person shall be deemed to have been detained or remained absent

except when he/she has been detained or has remained absent

without leave for less than Six hours consecutively on a single day

or more than a single day.

(b) If a person remains absent without leave or is detained for less than a

day and thereby fails to discharge his/her military duty, and in case

any other person is assigned to discharge such duty, such absence or

detention for less than a day shall be treated as absence or detention

for a day.

(c) If a person remains absent without leave or is detained for Twelve or

more hours consecutively on any day, the period of such absence or

detention, irrespective of its duration, shall be taken as one days'

absence or detention.



(d) If a person remains absent or is detained from before midnight and

such absence or detention ends after midnight, the period of such

absence or detention shall be taken as one day's absence or

detention.

125. Salary and allowances during trial: If a person who falls under

jurisdiction of this Act is detained or suspended on any charge, the

prescribed authority may, for the purpose of implementing Clause (b) of

Sub-section (1) and Clause (b) of Sub-section (2) of Section 123, issue a

directive to freeze his/her salary and allowances as prescribed until the

disposal of the case.

126. Limits of reduction: Except when the concerned person has been

punished with dismissal, all the deductions to be made from his/her salary

and allowances according to the provisions contained in Clauses (d), (f),

(g), (h) of Sub-section (2) of Section 123 shall not exceed half of his/her

salary and allowances for any month.

127. Reduction from amounts other than provident fund and pension:

Any amount to be deducted from the salary and allowances of any person

pursuant to this Act may be deducted from any other amount payable to the

person, except the Army provident fund and pension, without prejudice to

any other procedure for collecting such deductions.

128. Reimbursement as if the governmental dues: The concerned Chief

District Officer may be requested to reimburse the fine imposed under the

proceeding of this Act. The Chief District Officer, if so requested, shall

reimburse it in accordance with prevailing laws as if it is a governmental

dues and shall forward it to the concerned department.

129. Salary and allowances of a person of war during the inquiry on

conduct: If a person who falls under the jurisdiction of this Act becomes a



prisoner of war or captured by the enemy, and in case it becomes necessary

under this Act or any other law to investigate his/her conduct during the

investigation, the Chief of Army Staff or any officer authorized by the

Chief of Army Staff, may issue an order to freeze his/her full or partial

salary and allowances until the result of the investigation is revealed.

130. Reductions may be exempted: Any deduction to be made from salaries

and allowances pursuant to this Act may be exempted upto the prescribed

limit in the manner as prescribed.

131. Arrangement for the dependants of prisoners of war from the

money so exempted:

(a) The salary and allowances of a person, to whom this Act is

applicable and who has been held as a prisoner of war, subjected to

forfeiture under Clause (h) of Sub-section (1) and Clause (a) of Sub-

section (2) of Section 122, if exempted as referred to in Section 130,

shall be used for the arrangement of rations and other essential goods

and materials for the dependents of such person. If such an

arrangement is made, the remaining balance out of the salary and

allowances shall be deemed to have been exempted.

(b) If a person who falls under the jurisdiction of this Act has been held

as a prisoner of war or is lost during a military operation, the

arrangements for rations and other goods and materials for the

dependents of such person shall be made out of his/her salary and

allowances.

132. Execution of penalties during the stay outside of Nepal: (1) If the

person who has been subjected to a penalty pursuant to this Act is staying

outside the territory of Nepal, the penalty may be executed in the country



where he/she is staying or may be brought into Nepal where it shall be

executed.

(2) If a person working with the Nepal Army is subjected to removal

or has been removed from the service at the time he/she is staying outside

of Nepal, he/she may be brought into Nepal.

Chapter-14

Miscellaneous

133. Control and responsibility on arms, ammunition and military

equipment: (1) Subject to the provisions as prescribed by the Government

of Nepal, the responsibility to control arms, ammunitions and other military

equipments shall be in the Chief of Army Staff.

(2) If it is necessary to purchase arms, ammunitions and other

military equipments for the Nepal Army, the Chief of Army Staff shall

submit the details including justification thereof to the Ministry of Defence.

The details so received shall be submitted to the National Defense Council

to recommend for the policy decision to be made by the cabinet.

(3) The Chief of Army Staff may issue an order to provide such

arms, ammunitions and other military equipments under his/her

responsibility in accordance with prevailing laws and instructions issued by

the Government of Nepal to any unit of the Nepal Army upon taking

control and responsibility for them.

(4) The Chief of Army Staff may handover or rent out, with the

approval of the Government of Nepal, the arms, ammunitions and other

military equipments of the Nepal Army to the organs (Agencies) other than

a unit of the Nepal Army.



(5) The Chief of Army Staff shall submit updated details of arms,

ammunitions and other military equipments of the Nepal Army to the

Ministry of Defence in every Six months, and in addition to this, the Chief

of Army Staff shall have a duty to submit such updated details as demanded

by the Ministry of Defence.

(6) The power to grant exemptions for arms and ammunitions used

in the works and trainings shall remain with the Chief of Army Staff,

except that the power to grant exemptions for arms and ammunitions used

for other purposes shall remain with the Ministry of Defence.

134. Salary and benefits to the Chief of Army Staff: (1) The monthly

salary of the Chief of Army Staff shall be as prescribed by the Government

of Nepal.

(2) The Government of Nepal shall deduct Ten percent amount from

the monthly salary of the Chief of Army Staff for the provident fund, and

shall add Hundred percent of the deducted sum and deposit to the provident

fund.

(3) The Government of Nepal shall arrange appropriate residence to

the Chief of Army Staff who has no appropriate residence in Kathmandu.

(4) The Government of Nepal shall arrange motor vehicle for the

Chief of Army Staff.

(5) After retirement from the service, the Chief of Army Staff shall

be entitled to pensions in accordance with prevailing Rules on pensions of

the Nepal Army.

(6) The family members of the joint family of the Chief of Army

Staff shall be entitled to a family pension as follows:



(a) In case the Chief of Army Staff dies during the tenure,

the total sum of money (lump sum amount) as

determined by the Government of Nepal,

(b) If he/she dies within Nine years from the date of

getting pension as referred to in Sub-section (5), the

same amount for the period remaining to meet Nine

years.

(7) Notwithstanding anything contained in Sub-sections (5) and (6),

a pension or family pension shall not be granted for the period while

assuming the duties of Acting Chief of Army Staff.

(8) The Chief of Army staff shall be granted, along with full salary,

the following leaves every year:

(a) Casual leave of Twenty days,

(b) Home leave of Forty Five days,

(c) Sick leave of Fifteen days.

(9) Casual leave which is not used within the same year shall not be

accumulated for the next year. Home leave shall be accumulated for a

period of maximum of Forty Five days and sick leave shall be accumulated

for the whole period of the service. The Chief of Army Staff, when retiring,

shall receive cash for the period of accumulated home leave and sick leave.

(10) The Chief of Army Staff may grant casual leave him/herself,

and home leave and sick leave shall be approved by the Defence Minister.

(11) The Government of Nepal may call the Chief of Army Staff to

work before the expiry of the leave period.

135. Declaration of engaged in military operation: The Government of

Nepal may declare any person or force under the jurisdiction of this Act as



engaged in military operations wherever they may have been working, or

regardless they might have been working under any other Acts.

136. Military prison: The Government of Nepal may prescribe any building,

or any portion of a building, which contains humanely physical facilities as

a Military prison for the purpose of imprisoning the person to whom the

penalty of imprisonment has been rendered by a Court Martial.

137. Applicability of this Act to any other force: (1) The Government of

Nepal may establish a separate force for a specific purpose upon publishing

a Notification in the Nepal Gazette.

(2) The Government of Nepal, in the Notification published pursuant

to Sub-section (1), may issue an order applying any or all Section of this

Act either altering or not altering (mutatis mutandis), or postponing any

Sections for some period and may also prescribe necessary conditions in

the same order.

(3) The provisions of Sub-sections (2) may be applicable in respect

to the persons as referred to in Clause (b) of Sub-section (1) of Section 3.

(4) The Government of Nepal may deploy army personnel of

different ranks working with the Nepal Army to the force established

pursuant to Sub-section (1).

138. Officer who exercises powers in a special circumstance: (1) The

Government of Nepal may appoint an officer of any Army, Corps, Division

and Brigade exercising the power of commanding officer to exercise power

over persons to whom this Act is applicable and whose number is bigger

than a number of army normally contained in any unit.

(2) While appointing a person as referred to in Sub-section (1) all

limitations, exception and conditions the government may assign all the

powers or any of the powers or may keep under this Act.



139. Classification and inclusion: (1) The Government of Nepal may classify

any person or force of persons as referred to in Section 3 and to whom this

Act is applicable into classes of officers, junior commissioned officers

(Padik) or non commissioned officers (Billadar) or include person into one

of such classes and cancel the classification.

(2) A person who is not classified into any of the classes of officer,

junior commissioned officers (Padik) or non commissioned officers

(Billadar) as referred to in Sub-section (1) he/she shall be deemed to be

below the rank of non-commissioned officer.

140. Commission of Inquiry may be formed: (1) The Government of Nepal

may form a Commission of Inquiry in accordance with the Commission of

Inquiry Act, 2026 (1994) to inquire into a matter of public importance in

which a person to whom this Act is applicable is engaged, and submit the

report thereof.

(2) The functions, duties, powers and other arrangements of a

Commission of Inquiry formed pursuant to Sub-section (2) shall be as

provided by the same Act.

141. Delegation of Authority: (1) The Government of Nepal may delegate the

power conferred on it in accordance with this Act and Rules framed under

this Act to the Chief of Army Staff and subordinate agency or official or

any governmental agency or official.

(2) The Government of Nepal may, in extra-ordinary situations,

delegate/handover, powers conferred on it or any agency or official in

accordance with prevailing laws to the Chief of Army Staff and subordinate

unit to him as required.



(3) The power delegated pursuant to Sub-sections (1) and (2) shall

not be barred from being resumed, even during the period of delegation, by

the Government of Nepal, concerned agency or official by him/herself.

(4) The Chief of Army Staff may delegate the power conferred on

him/her pursuant to this Act and prevailing laws to the subordinate agency

or official under his/her own responsibility.

142. Instruction may be issued: (1) The Government of Nepal may issue

necessary instructions to the Chief of Army Staff to pursue the objectives of

this Act as required.

(2) It shall be the duty of the Chief of Army Staff to implement the

instructions issued by the Government of Nepal as referred to in Sub-

section (1).

143. Powers to frame Rules: (1) The Government of Nepal may frame

necessary Rules to meet the objectives of this Act.

(2) Without prejudice to the generality of the powers conferred by

Sub-section (1), such Rules may provide for any of the following matters in

relation to the Nepal Army:

(a) Regarding the appointment, leave, promotion,

demotion, retirement, dismissal and other conditions of

service,

(b) Regarding immunities and privileges,

(c) Regarding the operation of the Welfare Fund,

(d) Regarding the investigation, inquiry, custody of an

accused and filing of a case,

(e) Regarding the formation, dissolution, postponement,

continuance, jurisdiction, procedures, approval and



rehearing (revision) of cases, execution of decision or

penalties,

(f) Regarding the determination on the type of battlefield

penalty,

(g) Regarding the formation and procedure of the Court

of Inquiry, the method of taking an oath, and recording

evidence,

(h) Regarding the arrangement of assistance to the

dependants and its implementation,

(i) Regarding the write off of the useless and unused

goods,

(j) Regarding the arrangement of the salary, allowances

and other amounts of a person who deserts,

(k) Regarding the administration, supervision, and

management of the Army prison and conditions of

service of prison officer,

(l) Regarding security, discipline, special service, work,

penalty for offences and exemptions of penalties for

prisoners,

(m) Regarding keeping, using, handling and write off of

the arms and ammunitions and other military

equipments,

(n) Regarding write off of the money spend in

intelligence, money used from the revolving fund,

money used from contingency (Bhaipari) fund,

(o) Regarding entertainment subsidies,



(p) Regarding actions against a person who deserts,

(q) Regarding arrangement of military hospitals,

(r) Regarding military donations and prizes,

(s) Regarding appointment in the Prad Viwak,

(t) Regarding air transportation and maintenance of

aeroplanes,

(u) Regarding women engaged as parachute folder,

(v) Regarding defence financial procedure and daily travel

allowances,

(w) Regarding gratuity (Upadan), pensions and other

benefits,

(x) Regarding short term services,

(y) Regarding military nurses,

(z) Regarding the accounts group,

(aa) Regarding Military Police,

(bb) Regarding Army technicians,

(cc) Regarding appointment of former Army personnel.

144. Repeal and saving: (1) The following Acts are, hereby, repealed:

(a) Army (Delegation of Authority) Act, 2015.

(b) Army Act, 2016.

(c) Functions, duties, powers and conditions of service of

the Chief of Army Staff Act, 2016.

(2) Persons of all ranks working with the Nepal Army at the time of

commencement of this Act shall be deemed to have been remained in their



respective post and rank of the Nepal Army, and they shall remain in office

until the period prescribed by the prevailing law related to the Army.

(3) The acts done and activities performed pursuant to the Acts as

referred to in Sub-section (1), shall be deemed to have been done or

performed in accordance with this Act.

145. Modifications: The following words in the prevailing laws are modified

as following:

(a) "Nepal Army" instead of Royal Nepal Army.

(b) "Nepal Army" instead of "Armed Force of His Majesty".



Schedule-1

(Relating to Sub-section (4) of Section 7)

Posts in the Nepal Army

(a) Chief of Army Staff (Maharathi)

(b) Lieutenant General (Rathi)

(c) Major General (Uparathi)

(d) Brigadier General (Sahayak Rathi)

(e) Colonel (Mahasenani)

(f) Lieutenant Colonel (Pramukh Senani)

(g) Major (Senani)

(h) Captain (Sahasenani)

(i) Lieutenant (Upasenani)

(j) Second Lieutenant (Sahayak Senani)

(k) Chief Warrent Officer (Subedar Major)

(l) Warrent Officer One (Subedar)

(m) Warrent Officer Two (Jamdar)

(n) Sergeant (Hudda)

(o) Corporal (Amaldar)

(p) Lance Corporal (Pyuth)

(q) Soldiers (Sipahi)

(r) Followers



13Schedule-2


Oath

I, …………………….., being fully loyal to the country and the people, do hereby

honestly and faithfully promise/ take an oath in the name of god that I, by being

fully loyal to the Interim-Constitution of Nepal, 2063 (2007) promulgated upon

paying high honour to that the state power and sovereignty of Nepal must be

inherent only in Nepali people, shall honestly perform the duties of the ........ post

subject to the prevailing laws neither fearing from any one nor taking the side of

any one nor being biased against anyone , or having bad faith in, any one and I

shall not disclose or hint any matter which I come to know in the performance of

my duties in any manner at any time when I hold or cease to hold the Office

except in compliance with the prevailing laws.

Date: ………….. Signature




Schedule-3


Age bar to the persons serving in Nepal Army

General:

(a) Chief of Army Staff - Sixty One years

(b) Lieutenant General - Fifty Eight years

(c) Major General - Fifty Seven years

(d) Brigadier General - Fifty Six years

(e) Colonel - Fifty Six years

(f) Lieutenant Colonel - Fifty Four years

(g) Major - Fifty Three years

(h) Captain - Fifty Two years

(i) Lieutenant - Fifty One years

(j) Second Lieutenant - Fifty years

Technician:

(a) Major General - Fifty Eight years

(b) Brigadier General - Fifty Eight years

(c) Colonel - Fifty Seven years

(d) Lieutenant Colonel - Fifty Six years

(e) From Second Lieutenant to Major - Fifty Five years



Schedule-4


Tenure of the Officers of the Nepal Army

General:

(a) Lieutenant General - Two years

(b) Major General - Three years

(c) Brigadier General - Four years

(d) Colonel - Five years

(e) Lieutenant Colonel - Five years

(f) Major (Total tenure as an officer) - Twenty years

Technician:

(a) Major General - Three years

(b) Brigadier General - Four years

(c) Colonel - Five years

(d) Lieutenant Colonel - Five years



Schedule-5


Tenure which may be extend of the Officers of Nepal Army

General:

(g) Lieutenant General - One Term of a year

(h) Major General - One Term of Two years

(i) Brigadier General - One Term of Three years

(j) Colonel - One Term of Two years

(k) Lieutenant Colonel - One Term of a year

(l) Major - Five years one term for the

first time and Three years

one term for the Second

time, altogether Eight years

Technician:

(a) Major General - One Term of a year

(b) Brigadier General - One Term of Three years

(c) Colonel and Lieutenant Colonel - One Term of Three years

Note: The Lieutenant Colonel who retires from the First term shall receive pension

upon extending the term.

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